Jharkhand High Court
Sruti Yadav @ Smriti Yadav vs The State Of Jharkhand on 19 November, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:34732
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.6467 of 2025
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Sruti Yadav @ Smriti Yadav, W/o Late Kartik Yadav, R/o R.E.O. Colony, Near
Parsudih Thana, P.O. Tatanagar, P.S. Parsudih, Town Jamshedpur, District East
Singhbhum .... Petitioner(s).
Versus
1.The State of Jharkhand
2.Secretary, Rural Development Department, Government of Jharkhand, P.O. and
P.S. Dhurwa, District Ranchi
3.Chief Engineer, Rural Engineering Organization (REO), under Department of
Rural Development, P.O. and P.S. Dhurwa, District Ranchi
4.Superintending Engineer, Rural Engineering Organization, Work circle,
Chaibasa, P.O. and P.S. Chaibasa, District West Singhbhum
5.Executive Engineer, Rural Engineering Organization, Work Division,
Jamshedpur, P.O. and P.S. Sakchi, District East Singhbhum
6.Principal Accountant General (A&E), Jharkhand, P.O. and P.S Doranda, District
Ranchi ... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Akshay Kr. Mahato, Advocate
For the Resp-State : Mr. Manish Kumar, G.A.-III
For the Resp-AG : Ms. Richa Sanchita, Advocate
.........
02 / 19.11.2025: Heard, learned counsel for the parties.
2. Petitioner in this writ petition, has prayed that the services of her
husband be regularized as he was working in work charge
establishment and died in harness on 12.11.2007. A further prayer has
been made to pay the death cum retiral benefit of his husband.
3. It is the case of the petitioner that the husband of the petitioner
was appointed as a Road Roller Driver in rural engineering work sub-
division, Jamshedpur on 30.11.1985. It is the case that the petitioner's
husband was placed in work charged establishment, who died in
harness on 12.11.2007. Petitioner has not received any death benefit of
her husband.
4. The issue whether the employee of work charge establishment is
entitled for the retiral benefits or not has already been set at rest by the
Full Bench of this Court in the case of Ram Prasad Singh and another
vs. State of Jharkhand and Others, reported in 2005 SCC OnLine Jhar
553. Paragraph 79 of the said judgment is quoted hereunder:-
79. It is not in dispute that apart from Bihar Pensic Rules, 1950
separate schemes for grant of pension and gratuity have been framed
by the State Government, Including "Liberalized Pension Scheme"
"Family Pension Scheme, 1964" etc. If the which includes gratuity to
a State Government has allowed the benefit of pension, which
temporary State Government employee, in view of Rule 1949, the State
Government cannot deny the said benefit to the work-charged
employees or their heirs/dependants. I, therefore, hold that the work-
charged employees and after their death, their heirs/dependants are
entitled for same death-cum-retiral benefits, to which a temporary
Government employee is entitled, such as, pension, gratuity, leave
encashment, provident fund etc., if otherwise found eligible and
qualified for such benefits.
5. From the aforesaid judgment it is clear that the work charge
employee is entitled for all the retiral benefits and if the employee dies
in harness, the family is entitled for the death benefits, but no
compassionate appointment can be granted to the legal heirs.
6. Further from this petition, I find that petitioner has filed a
detailed representation, which is pending. Thus, I direct the
respondents to decide the representation of the petitioner and pass an
appropriate order considering the judgment passed by the Full Bench
of this Court in the case of Ram Prasad Singh and another (Supra) and
communicate the decision to the petitioner.
7. If it is found that the petitioner is entitled for any monetary relief,
the same should be granted to the petitioner. The petitioner should file
an application within four weeks from today. The admitted relief, if
any, should be granted to the petitioner within eight weeks thereafter.
If any of the claim of the petitioner is rejected, the same should be
communicated to the petitioner within the aforesaid period by a
reasoned order.
8. With the aforesaid observations, the instant writ petition stands
disposed of.
(ANANDA SEN, J.)
19th November, 2025
R.S./
