Sruti Yadav @ Smriti Yadav vs The State Of Jharkhand
2021 Latest Caselaw 85 Jhar

                                    1

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S) No.5286 of 2010
        Sruti Yadav @ Smriti Yadav                    ...     ...      Petitioner
                                Versus
        1.   The State of Jharkhand.
        2.   The     Secretary,     Rural      Development         Department,
             Government of Jharkhand, Ranchi.
        3.   Chief     Engineer,    Rural          Engineering     Organization
             (REO), Under Department of Rural Development,
             F.F.P, Building, Ranchi.
        4.   Superintending         Engineer,            Rural     Engineering
             Organization,         Work        Circle,      Chaibasa,      West
             Singhbhum.
        5.   The       Executive        Engineer,        Rural     Engineering
             Organization,      Work       Division,      Jamshedpur,      East
             Singhbhum.
        6.   Principal    Accountant         General      (A&E),    Jharkhand,
             Ranchi.                                  ...     ... Respondents
                                         -------

CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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        For the Petitioner      :None
        For the Res.-State      : Mr. J.F. Toppo,
        For the A.G.            : Mr. S. Sudarshan, advocate.
                                         -------
06/07.01.2021        Heard learned counsel for the respondents

        through V.C.

2. The instant writ application has been preferred

by the petitioner for a direction upon the respondent

authorities to pass an order of regularization of the

deceased husband of the petitioner namely Kartik Yadav

w.e.f 2005 in permanent establishment because husband

of the petitioner was working continuously since

30.11.1985 as Work Charge Road Roller Driver under the

respondents, who have started process of regularization of

the husband of the petitioner in the year 2004-05, but

during the process, husband of the petitioner died in

harness on 12.11.2007 after about 22 years of continuous

of service. It has further been prayed that after taking the

final decision on the issue of regularization, the

Respondents be directed to pay the Family Pension with

arrears and other retirement benefits to the this petitioner

who is the widow of the deceased employee- Kartik Yadav.

3. From perusal of Annexure-7, it appears that the

case of the petitioner has already been sent by the

Executive Engineer to the Superintending Engineer, Rural

Engineering Works Division, Chaibasa vide letter dated

19.05.2010 for consideration.

4. Mr. S. Sudarshan, learned counsel for the

Accountant General and Mr. J.F. Toppo, learned counsel

for the State submit that this case can be disposed of by

directing the Respondents to take a final decision in the

case of the petitioner's husband in the light of Full Bench

judgment reported in 2005(3) JCR page 9(Jhr).

5. In view of the aforesaid facts and circumstances

of the case and limited submission of learned counsel for

the respondents, the instant writ application is hereby

disposed of by giving direction to the concerned respondent

to take a final decision in the case of the petitioner's

husband in the light of the aforesaid judgment and further

pass a necessary order for extending the retiral benefits

/Family Pension etc. to this petitioner as early as possible

preferably within a period of four months from the date of

receipt/production of copy of this Order.

6. With the aforesaid observation and direction the

instant writ application stands disposed of.

7. Let a copy of this order be sent to the postal

address of the petitioner.

(Deepak Roshan, J.) Fahim/-