Chief Justice (CJ) Om Prakash Mishra has instructed the Department of Civil Personnel Records to issue pension book of former CJ Gopal Parajuli as the latter demands.
Secretary of the Judicial Council Nripa Dhwaj Niraula had sacked Parajuli on March 14 on the issue of age dispute. Parajuli was relieved of duty on the issue of age dispute by secretary Niraula stating he crossed the age limit of 65 years on August 5, 2017. Parajuli had resigned on March 15 a day after he was sacked.
The department citing laws had been insisting the pension book will be issued only after Parajuli returns the remuneration he received from August 5, 2017 till mid-March, 2018. Different Supreme Court (SC) orders also were in that line.
An SC bench had recognized that Parajuli retired on August 5, 2017 as per the decision of Secretary of the Judicial Council Niraula. But CJ Mishra has taken the decision about issue of Parajuli’s pension book ignoring the SC order and the controversy about Parajuli’s age.
CJ Mishra seems to have based his decision taken on October 4 on three grounds. The first, Parajuli was working until March 14 and the second he resigned before the president the next day. And the third, the SC order on the writ petition filed against the oath of office he administered to President Bidhya Devi Bhandari after Niraula informed the media about Parajuli’s sacking.
The bench of Justice Sapana Pradhan Malla ruled that the swearing-in of President Bhandari need not be revoked as Parajuli had administered oath of office before he received the termination letter.
Secretary of the Judicial Council Nripa Dhwaj Niraula had recognized the earliest date of birth of Parajuli, in accordance to the law of the land, after four different dates of birth were found in government records.
There was dispute about whether to recognize Parajuli’s resignation issued on March 15 or the secretary’s decision that said he crossed the age limit of 65 years on August 5, 2017. Justice Malla had recognized the secretary’s decision but also recognized the works done by Parajuli from August 5, 2017 till mid-March, 2018 including administering of oath of office to President Bhandari.
Parajuli had been repeatedly writing to CJ seeking recognition of his resignation. He had last written a long letter a month back.
CJ Mishra instructed Joint Secretary at Judicial Council Rameshwore Regmi to write a tippani (note-taking) on that latest application. CJ Mishra then recognized Parajuli’s resignation on October 4 on the basis of Regmi’s tippani and has recommended that his pension book be made accordingly.