NIRMALA DEVI Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, for the State and for the Accountant General, Bihar. In this case, petitioner's husband (for the sake of convenience 'Petitioner' will be mentioned) was appointed on daily wage basis on 2nd January 1981 and later on he was brought in the work charge establishment in 21st January 1991 by the Chief Engineer (Mech) Water Resources (Irrigation) Department and again vide order dated 5th October 1993, petitioner along with others was reverted to muster roll. Later on this Court in LPA No. 274 of 1996 and analogous cases, petitioner along with others were brought to work charge establishment with minimum scale of pay but this Court refused to give any relief with regard to pension, since he worked in the work charge establishment till his superannuation i.e. 30th June 2010.

(2.) Counsel for the petitioner submitted that petitioner's husband had worked for more than 15 years in the work charge establishment as such, he cannot be deprived of his pension, though other retrial benefits, such as, gratuity, leave encashment and provident fund amount have already been paid. He has submitted that as he had worked for such a long period, it should be presumed that he has worked in the permanent establishment and the period that he had spent in the work charge establishment be deemed that he was holding substantive post and, as such, he cannot be deprived of the benefits.

(3.) In support of his contention, counsel for the petitioner has relied on certain judgments of this Court as well as of the Jharkhand High Court, such as Koshi Project Workers 'Association and Another v. State of Bihar and Others LPA No. 836 of 1997 and the Full Bench judgment of the Jharkhand High Court reported in Ram Prasad Singh and Another v. State of Jharkhand and Others, 2005 3 JCR 9, Tulsi Prasad Singh v. State of Bihar, 2001 3 PLJR 15, Mostt. Roopkali Kuer v. State of Bihar, 2004 1 PLJR 485, Sri Parmeshwar Paswan v. State of Bihar, 2008 2 PLJR 762, State of Bihar v. Sheela Devi, 2013 4 PLJR 557 and State of Bihar v. Bhagwan Singh, 2014 4 PLJR 229. He has also supported his claim on the strength of Circular of the State Government dated 31st March 2004. There the Government has liberalized the pension scheme included the portion, the employees discharged the duty in work charge establishment for the purpose of entitlement submitted that petitioner cannot be deprived of the said benefit.