SUMITRA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal questions the judgment of the learned Single Judge in C.W.J.C. No. 13830 of 2006 decided on 22nd March, 2018, whereby the claim of the petitioner for release of all terminal benefits together with interest and costs of the litigation of late Ganga Prasad Yadav who is stated to have been working and died in harness as a Class-IV employee on 04.11.2003 has been rejected.

(2.) The case has a chequered history with several rounds of litigation preceding that requires to be mentioned in the background in which the relief was prayed for before the learned Single Judge.

(3.) It is the contention on behalf of the appellant that late Ganga Yadav was engaged and was working as a Night Guard in the Tilka Manjhi Bhagalpur University whose services came to be absorbed under Office Order No. 41/84 dated 04.08.1984. A copy of the said order is Annexure-8 filed along with the reply to the counter affidavit of the University in the writ petition. Late Ganga Yadav is stated to have been receiving payments and continued to work as such. In order to support the continuance in services a transfer order dated 4th October, 2002 has been relied on which is Annexure-9 to the same affidavit. It is the consistent stand of the appellant that the services of Ganga Yadav were never disengaged nor his services were terminated and he continued to serve in the same capacity till he died in harness on 4th of November, 2003.