MOBINA KHATOON Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA

JUDGEMENT

(1.) The matter under reference is whether the services rendered by a work-charged employee is to be taken into account for computing his pension and whether a work-charged employee is, in the first instance, entitled to pensionary and other benefits which are available to a government servant and secondly whether there is any availability of family pension to the widow of such deceased work-charged employee or compassionate appointment to his heirs in case of death during service.

(2.) A Division Bench of this Court noticed the difference of opinion in the two judgments delivered by two different Division Benches of this Court; one being in Saraswati Devi Vs. The State of Bihar and Ors. reported in, 2017 3 PLJR 645, but which was delivered on 21.04.2015 and the other being in The State of Bihar and Ors. Vs. Bimli Devi, though reported in, 2016 1 PLJR 452, but which was delivered later than Saraswati Devi Vs. The State of Bihar and Ors. (supra) on 24.11.2015. The Division Bench also took note of the fact that a Full Bench decision of this Court in the case of State of Bihar and Anr. Vs. Bhagwan Singh (since dead) reported in, 2014 4 PLJR 229, has not been taken note of in both the aforesaid Division Bench judgments. Apart from the above, the Bench also took note of the fact that there is yet another relevant decision on the issue by the Apex Court in case of General Manager, Uttaranchal Jal Sansthan Vs. Laxmi Devi and Ors. reported in, 2009 7 SCC 205.

(3.) In order to resolve the difference of opinion by an authoritative pronouncement by a Full Bench, the present Full Bench has been constituted.