STATE OF BIHAR Vs. SUSHILA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The facts in this case are not in dispute that the husband of the respondent was initially appointed as a lower grade Clerk on 28.5.1979 on stop-gap arrangement, thereafter, he was appointed as Tube-well Operator under the Work-Charge-Establishment, posted in Purnea Division in the fixed pay-scale with effect from 1.12.1981, continued on that capacity, he was transferred to various places and was also granted revised pay-scale from time to time. On 19.1.1985, he was transferred to the office of Executive Engineer, Minor Irrigation Division, Sasaram in the capacity of Work Sarkar and his service-book was opened on 30.1.1986 but, he died on 16.10.2007.

(3.) In the present appeal, the State is challenging the view of the learned Single Judge because he has worked only for five years as a regular employee, as 10 years continuous services is mandatorily required in the regular establishment on permanent basis, he would not be entitled to the benefit of pension or family pension but, the fact remains that he has worked for 22 years and the State, in the counter affidavit filed by the respondent nos. 3 &