Patna High Court
The Union Of India vs Naina Devi on 13 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9645 of 2024
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1. The Union of India Secretary Ministry of Communication, Department of
Post, New Delhi-110001.
2. The Director General, Department of Post, Dak Bhawan, Sansad Marg, New
Delhi-110001.
3. The Chief Postmaster General, Bihar Circle, G.P.O. Complex, Patna-
800001.
4. The Director of Accounts (Postal), Patna- 800001.
5. Sr. Superintendent of Post Office, Patna Division, Patna- 800004.
6. Sr. Postmaster, Bankipur, Patna- 800004.
... ... Petitioner/s
Versus
Naina Devi Wife of Rama Sah, Son of Late Babu Lal Sah, resident of Village
and P.O.- Dehri, P.S.- Punpun, Dehri, P.S.- Punpun, District- Patna- 804453.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr.K.N.Singh, ASG
Mr.Kanak Verma (C.G.C.)
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 13-02-2025
In the instant petition, petitioner - Postal Department
have assailed the order of the CAT dated 24.11.2023 passed in
O.A. No. 1109 of 2019.
2. Respondents grievance is that she is legal heir of
deceased Rama Sah and she is entitle to certain monetary benefits.
Late Rama Sah's services were engaged on part time basis in the
Patna High Court CWJC No.9645 of 2024 dt.13-02-2025
2/5
year 1982 and continued to discharge on part time basis till
01.06.1999
. Thereafter, from 01.06.1999 to 31.07.2000, he was
working seven hours per day. In this backdrop, he had been
awarded temporary status w.e.f. 01.08.2000. He had attained age
of superannuation and retired from service on 30.06.2018,
thereafter, he had died. In this backdrop, the question for
consideration is whether respondent - Naina Devi isentitled to
have the benefit of regularisation of her husband pension and
family pension to herself or not?
3. Having regard to the service record of the deceased -
Rama Sah to the extent that initially he was appointment on ad
hoc basis in the year 1982 and continued to work as such till
31.07.2000. Thereafter, on 01.08.2000, he had status of temporary.
The scheme of the postal department for the purpose of
regularisation of such of those temporary status persons is quota
earmarked to the extent of 25% till 30.06.2018 and petitioner
could not get eligibility for the purpose of regularisation or
entering into the MTS cadre. Resultantly, he retired with tag of
temporary status on 30.06.2018.
4. It is to be noted that with temporary status he has
discharged the duties of the post w.e.f 01.08.2000 to 30.06.2018.
In other words, for about 18 long years he was holding the post on
Patna High Court CWJC No.9645 of 2024 dt.13-02-2025
temporary basis. If the principle laid down in the case of
Secretary, State of Karnataka and Ors. vs. Uma Devi and Ors.
reported in (2006) 4 SCC 1 read with State of Karnataka and
Ors. vs. M.L. Kesari and Ors. reported in (2010) 9 SCC 247 and
later decision in the case of Shripal & Anr. Vs. Nagar Nigam,
Ghaziabad decided on 31.01.2025 are taken into consideration, in
that event, deceased - Rama Sah is entitled to have the benefit of
regularisation or appointment in MTS cadre as and when he had
completed 10 years of service. In other words, he would be regular
holder of Government post. We have noticed in umpteen cases
Government instead of regular recruitment to various post, posts
are filed on temporary basis, such procedure may be for few
months depending upon exigency and the same cannot continue
for decade. It is relevant to take note of Article 23 of Constitution
and it commence with heading as "RIGHT AGAINST
EXPLOITATION and it is in relation to prohibiton of traffic in
human beings and forced labour. In the present case, petitioners
have resorted forced labour on the deceased - Rama Sah insofar as
extracting work from the year 1982 till 30.06.2018, such practice
is deprecated. In this regard, the concerned authority are hereby
directed to pass a detailed speaking order insofar as regularizing
his services while taking note of the principle laid down by the
Patna High Court CWJC No.9645 of 2024 dt.13-02-2025
Hon'ble Supreme Court in the aforementioned decisions.
Thereafter, proceed to fix his pay in a particular post and extend all
monetary benefits to the respondent. Further, from 01 st July, 2018
till death of the deceased - Rama Sah pension is required to be
calculated and disbursed in favour of the respondent legal heir.
Thereafter, respondent - Naina Devi is entitled to family pension
depending upon the pension fixation, family pension is required to
be fixed. On account of the aforementioned exercise respondent is
entitled to monetary benefits, the same shall be calculated and
disbursed in favour of respondent - Naina Devi within a period of
six months from the date of receipt of this order.
5. The petitioners have not made out a case so as to
interfere with the CAT order dated 24.11.2023 passed in O.A. No.
1109 of 2019.
6. At this stage, learned counsel for the petitioners
submitted that issue before the CAT is in respect of family pension
only. Respondent being a widow of deceased employee, she
cannot be asked to knock the doors of the Court. Time and again,
in respect of regularisation and consequential benefits, therefore,
we have exercised extra ordinary jurisdiction under Article 226 of
the Constitution insofar as passing aforementioned order.
Patna High Court CWJC No.9645 of 2024 dt.13-02-2025
7. Accordingly, the present CWJC No. 9645 of 2024
stands dismissed.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
abhishekkr/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 28.02.2025
Transmission Date NA
