MOBINA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant is aggrieved by the impugned order dated 31.08.2017 passed by learned Single Judge in CWJC No. 6517 of 2011. The grievance of the appellant is that learned Single Judge failed to pass any order on the point of grant of family pension to the appellant.

(2.) Learned counsel appearing for the appellant submits that during pendency of above-stated writ petition, the appellant filed supplementary affidavit mentioning therein that even if the work charge employee has not been regularized then also if he has completed ten years or more service, he is entitled for pension and after his death his family members are entitled to get family pension. Learned counsel for the appellant submits that learned Single Judge overlooked the aforesaid supplementary affidavit and passed the impugned order.

(3.) Learned AAG-5 appearing for the State controverts the above-stated submissions arguing that before the learned Singe Judge, the appellant admitted that only two issues were involved in CWJC No. 6517 of 2011, first, appointment on compassionate ground and, second, difference of salary and, taking note of the aforesaid fact, the learned Single Judge passed the impugned judgment. Learned AAG-5 further submits that no doubt the Full Bench of this court vide order dated 04.02.2019 passed in the present appeal along with other analogous appeals, decided the issue of pension holding as follows:-