Patna High Court
Nathu Mahto And Anr vs The State Of Bihar And Ors on 12 December, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4545 of 2018
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1. Nathu Mahto, Son of Late Ram Jeevan Mahto, Resident of Village- Brij
Narayan Pur, P.O.- Chandmari, P.S.- Shahpur, District- Patna.
2. Vishnudeo Pandit, Son of Late Dukhi Pandit, Resident of Village- Chhatna,
P.O.- Parsa Bajar, P.S.- Parsa Bajar Phulwari, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
4. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
5. The Accountant General Accounts and Entitlement, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Government of
Bihar.
7. The Executive Engineer, Public Health Engineering Department, Patna
West, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. D. K. Sinha, Sr. Adv.
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 12-12-2023
Heard learned senior counsel for the petitioners,
learned counsel for the State and learned counsel for the
Accountant General (Accounts & Entitlement), Bihar, Patna.
2. Learned senior counsel for the petitioners submits
that the petitioners have filed the present writ petition to
regularize them by way of absorption of their service from the
date of appointment, as per the statutory Rule contained in
Patna High Court CWJC No.4545 of 2018 dt.12-12-2023
2/5
Memo No. 1344 dated 04.02.1989 till the date of retirement and
then to calculate and pay all retiral benefits such as gratuity,
pension, leave encashment group insurance, arrears of salary
and other consequential monetary benefits.
3. Learned counsel for the petitioners submits that
admittedly the petitioners were working in the work-charge
establishment and in this regard, they were duly appointed
against sanctioned strength vacant post on Class-III by the
competent authority in regular establishment of work-charge
vide Memo No. 3769 dated 11.11.1993.
4. Learned counsel for the petitioners further submits
that in the matter of work-charge establishment, there are two
Full Bench decisions, which are very much relevant, namely,
Mobina Khatoon Vs. The State of Bihar & Ors. reported in
2019 (1) PLJR 1015 and Amrika Devi & Ors. Vs. The State of
Bihar & Ors. reported in 2019 (4) PLJR 354.
5. Both the Full Bench have not allowed the relief(s)
of compassionate appointment to a person who was in work-
charge establishment and died but for the purpose of grant of
pension, those persons who were covered under the Circular of
2013 which are applicable only to those employees of the work-
charge establishment, who were appointed on or before
Patna High Court CWJC No.4545 of 2018 dt.12-12-2023
3/5
11.12.1990
and after 22.10.1984. In the said Full Bench, it is
made clear that the appointees prior to 22.10.1984 would not be
affected by the Rule of 2013.
6. It has been jointly submitted by the learned senior
counsel for the petitioners and learned counsel for the
respondents that the case of Mobina Khatoon Vs. The State of
Bihar & Ors. has been well considered. In the Full Bench
decision in case of Amrika Devi & Ors. Vs. The State of Bihar
& Ors., reference of the Full Bench has been answered in the
following terms:
"(a) With respect to addition of the number of
years of service rendered in a work-charged
tenure to the service under regular establishment,
for the purposes of making the service of such
regular employees pensionable, there is
practically no substantial difference in the
pronouncements of the two Division Benches in
the case of Sheela Devi (supra) and Binod Kumar
(supra).
Patna High Court CWJC No.10063 of 2012 dt.
02-09-2019
(b) For the purposes of pension, only such period
from the work-charged tenure would be added for
making the service of an employee which has
been regularized to qualify him for pension.
(c) While adding such period of work-charged
Patna High Court CWJC No.4545 of 2018 dt.12-12-2023
tenure, the modus would be of granting / counting
one year for every five years of service rendered
under work-charged establishment. If that also
leaves some shortfall, then further number of
years of work-charged tenure can be taken /
added for making the service of the employee
pensionable.
(d) For the purposes of giving benefit to an Patna
High Court CWJC No.10063 of 2012 dt. 02-09-
2019 employee for promotion on the selection
grade and time-
bound-promotion,
the entire
period of service
rendered as
work-charged employee
can be
counted.
(e) The
Rules and
Circular of 2013 are
valid as
has been held in Binod
Kumar
(supra).
(f) The
Rules and
Circular of 2013 are applicable to such work-
charged employees who have been appointed
after 22.10.1984 and prior to 11.12.1990."
7. In this background, this Court directs the
respondents to grant relief(s) to the petitioners in the light of
Patna High Court CWJC No.4545 of 2018 dt.12-12-2023
paragraph 46 of the Full Bench discussed above within three
months from the production of this order.
8. With this direction, the present writ application is
hereby disposed of.
(Dr. Anshuman, J.)
sadique/-
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