HEMLATA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution is filed by one Hemlata Devi, wife of late Dina Prasad Singh, a Government servant.

(2.) The petitioner claims that late Dina Prasad Singh served under the Government of Bihar in Public Health and Engineering Department from 1978 till he died in harness on 11th June 2008. The petitioner is, therefore, entitled to receive the amount of gratuity and monthly family pension from the State Government.

(3.) It is not in dispute that late Dina Prasad Singh joined the service in June 1978 as a Khalasi under the Assistant Engineer, Public Health Sitamarhi Sub-Division as a daily wage employee in Work Charged Establishment. On 27th January 1996, under order made by the Executive Engineer, Public Health Division, Khagaria, late Dina Prasad Singh and six other daily wage employees in the Work Charged Establishment were made regular in the Work Charged Establishment. Immediately, the said order was stayed on 19th March 1996 under the order of the Chief Engineer-cum-Special Secretary, Public Health and Engineering Department of the State Government. Thus, late Dina Prasad Singh continued to serve as a daily wage employee in the Work Charged Establishment till his service came to be regularised in the Work Charged Establishment in 2006 under the order dated 7th December 2006 made under the direction of the Chief Engineer, Public Health and Engineering Department.