2025:JHHC:26835 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 560 of 2025 Prof. Dr. Langeshwar Nath Choubey, S/o Late Harihar Nath Choubey, R/o Sarovar Vihar, Near Divyayan, New Morabadi, P.O. Morabadi, P.S. Bariatu, District Ranchi-08. … Petitioner -versus- 1. The State of Jharkhand through its Secretary, Higher and Technical Education (Directorate of Higher Education), Yojna Bhawan, 3rd Floor, Near Nepal House, Doranda, Ranchi-02, P.O. and P.S.-Doranda, District-Ranchi. 2. The Director, Higher and Technical Education (Directorate of Higher Education), Yojna Bhawan, 3rd Floor, Near Nepal House, Doranda, Ranchi-02, P.O. and P.S.-Doranda, District-Ranchi. 3. Ranchi University, Ranchi, through its Vice Chancellor, Main Road, Ranchi, P.O.-G.P.O, P.S.-Kotwali, District-Ranchi. 4. The Registrar, Ranchi University, Ranchi, Main Road, Ranchi, P.O.- G.P.O, P.S.-Kotwali, District-Ranchi. 5. Gossner College through its Secretary, Club Road, P.O.-G.P.O., P.S.- Chutia, District-Ranchi. ... Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner(s) : Mr. Shree Krishna Pandey, Advocate : Mr. Niladri S. Mukharjee, Advocate For the State : Mr. Kishore Kr. Singh, SC-V ---- 04/ 27.08.2025: Heard the parties. 2. By way of filing this writ petition, the petitioner has prayed for quashing the order dated 4.11.2024 by which, his pay fixation was cancelled after 46 years of his appointment holding that the post in which the petitioner was functioning was “without finance”. Further, prayer has been made to quash the order dated 13.12.2024 by which, all the pensionary benefit of the petitioner, which was sanctioned and paid has been stopped. The petitioner has also prayed for restoring his pension and other benefits, which has been stopped. 3. The petitioner was appointed as lecturer on 18.8.1978 in the post of Chemistry and joined the Gossner College, Ranchi on 21.8.1978. The said college is a Religious Minority Institution. The appointment of the petitioner was concurred by the Bihar College Service Commission. The petitioner was promoted to the post of Reader and the post of University Professor also. After his superannuation on completion of long period of service, he was paid his retiral benefits and was being paid pension also. Suddenly by the impugned order, holding that the post in which the petitioner was appointed, was a post without the financial aid, his pay fixation was cancelled, consequentially, his pension has been stopped. 2. 4. Learned counsel for the petitioner submits that the petitioner was appointed in the said College in subject- Chemistry and admittedly was paid his salary and other benefits when he was in service without there being any hindrance. His appointment was duly confirmed by the College Commission also. The pay scale of the petitioner was also fixed and he was receiving his salary. He further submits that after superannuation of the petitioner, he was being paid pension regularly and he was paid arrears of pension also, but suddenly, vide Annexure-7, the pay fixation of the petitioner was cancelled and by the impugned order, the pension of the petitioner has been stopped. It is his contention that in utter violation of the principle of natural justice, the aforesaid order was passed. As per him, it is wrong to say that the post against which the petitioner was appointed, was without any financial aid. He submits that there are materials to show that the claim of the respondents is absolutely bad as no opportunity of hearing was given to the petitioner. 5. Learned counsel for the State opposes and submits that the post against which the petitioner was appointed was without any financial aid of the Government, therefore his pay could not have been fixed by the Government and any action which was done is bad. It is his contention that since his pay could not have been fixed by the Government as the post was without any financial aid, this petitioner is not entitled to get any benefit from the Government nor even the pensionary benefits, thus, it was decided to withdraw the pensionary benefits. 6. During argument a specific question was put to the counsel appearing for the State as to whether any opportunity of hearing was given to the petitioner before passing the impugned order or not or whether any show cause was issued to the petitioner. In reply, the counsel for the State admits that before passing the impugned order, no opportunity of hearing was given to the petitioner. 7. Violation of principle of natural justice has a significant consequences. If the principle of natural justice is not followed, it violates Article 14 of the Constitution. In the instant case by violating the principle of natural justice and stopping the entire pension of the petitioner his fundamental right under Article 21 of the Constitution has also been violated. His pension has been stopped, which is a violation of Article 21 of the Constitution. 8. In this case, the petitioner served and superannuated from the College after serving more than 32 years as he joined the said College on 3. 21.8.1978 and superannuated on 31.5.2010. He was also paid pension in light of the order of this Court and pension payment order was issued vide Memo No. 1276/2021 dated 10.8.2021 and the petitioner was receiving his regular pension. 9. By virtue of the impugned order, accrued right of the petitioner has been taken away in a most arbitrary manner, which could not have been done by the respondents. On this score alone, the impugned order dated 4.11.2024 (Annexure-7) as well as order dated 13.12.2024 (Annexure-8) is quashed and set aside. 10. Accordingly, this petition is allowed. Consequently, the petitioner is entitled for all consequential benefits. 11. Pending interlocutory application, if any, is also disposed of. Anu/-Cp2. (ANANDA SEN, J.)