SARASWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The husband of the petitioner (for short employee) was initially engaged on daily wage basis with effect from 28-2-1983 in the Energy Department of the Government of Bihar, and he was treated as one on work charge establishment, with effect from 2-5-1988. It is claimed that the employee was taken in regular establishment through order 17-8-1994. He died on 3-5-2012 while in service. The petitioner submitted a representation for sanction of family pension to her. Since no order was passed thereon, she filed the present writ petition. She contends that her husband worked for more than about 30 years in the Department in various capacities and that she is entitled to be paid his family pension and gratuity.

(2.) On behalf of the respondents a detailed counter-affidavit is filed. They denied the plea of the petitioner that the service of the employee was regularized. It is also pleaded that the person engaged under work charge establishment would be liable to be discontinued with the completion of the work, and there hardly exists any continuity or permanency of employment in such cases. Reliance is placed on certain provisions of the P.W.D. Code.

(3.) Learned counsel for the petitioner submits that though the pension is normally sanctioned to an employee appointed by the Government on substantive and permanent basis, as provided under Rule 58 of the Bihar Pension Rules, 1950, exception is carved out in Rule 59 which enables the Government to pay pension to an employee whose service is not regularized. He submits that way back in 1969 the Government has taken a decision to pay pension to such of the employees whose services were not regularized, but have put in 15 years of continuous service. He placed reliance on Memo No. Pen 1024/69/11779F dated 12-8-1969 issued by the Government in the P.W.D. Department through which the work charge establishment was equated to temporary service, in the Department.