BRIJ RAJ KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Awadhesh Kumar, learned advocate for the petitioner and Mr. Vishambhar Prasad, learned advocate representing the State.

(2.) The petitioner by invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India has preferred the present writ petition, seeking a direction upon the respondent authorities to provide regular pension to the petitioner, in lieu of New Pension Scheme, 2005, taking note of the fact that the petitioner has worked since 31/5/1986 and superannuated from the service on 31/1/2021.

(3.) Shorn of unnecessary details, the relevant facts for adjudicating the issue is that initially, the petitioner was engaged as daily wages employee in Public Health Engineering Department, Government of Bihar on 31/5/1986. Thereafter, in course of time, vide Letter No. 378 dtd. 5/3/1990, issued by the Chief Engineer Cum Special Secretary, Public Health Engineering Department, Government of Bihar, Patna in the light of an agreement with the Bihar State Public Health Engineering Association took a decision that those daily wagers, who are on muster roll, have completed 240 days of their service, their demand for adjustment under the work charge establishment shall be accepted in principle and those, who have been retrenched their services shall also be adjusted in the work charge establishment, in accordance with law.