BIBU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this petition is posted for preliminary hearing, with the consent of the learned Counsel appearing for the parties, this petition is taken up for final hearing and disposed of by this order.

(2.) THE petitioner in this petition is the widow of one Hayath Khan. In this petition, she has prayed for a direction to include the name of her husband late Hayath Khan as a permanent employee in the establishment of the Public Works Department and also for a further direction to the respondents to pay the family pension that may be due to the petitioner on account of the death of the said Hayath Khan. It is the case of the petitioner, that the husband of the petitioner, the said Hayath khan was in service as jeep driver in the establishment of the Public works Department from 13th July, 1966 to 3rd January, 1980 on which date he expired.

(3.) THE case of the petitioner that, the husband of the petitioner was in continuous service from 13th July, 1966 to 3rd January, 1980 as a driver is admitted by the respondents. However, it is the case of the respondents that the husband of the petitioner was taken only on work charge basis and therefore, the husband of the petitioner cannot be treated as a permanent employee of the Public Works Department. Therefore, it is their case that the petitioner is not entitled to seek for payment of family pension on account of the death of the said Hayath khan.