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1998 Supreme(Pat) 769

CHAUDHARY S.N.MISHRA
Shambhu Sharan Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. Durga Nand Jha.
For the State: M/s Jawahardhari Singh, Chandra Shekhar Pd. Singh.
For the Accountant General: Mr. Chakradhari S. Sinha.

Judgment

Mishra, J.

In this writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for a direction to the respondent to pay all the retirement-cum-death benefit legally payable to the deceased employee who died in harness on 6.1.1980 after completing 6 years of service as work-charge employee. The petitioner is the son of the deceased employee who was initially appointed on 14.4.73 as Choukidar-cum-Nightguard in the work-charge establishment. Further prayer of the petitioner in this case is for payment of difference of salary w.e.f. 1.1.71 as also the salary for the month of February, 1990, which are due to the petitioner. It is submitted that the salary was revised w.e.f. 1.1.71 and the said revised salary is payable to the petitioner from the aforesaid date. Further prayer has been made for a direction to the respondents to appoint the petitioner on compassionate ground as the father of the petitioner died in harness.

2. Shortly stated the case of the petitioner is that father of the petitioner was initially appointed in 14.4.73 and was posted as Choukidar-cum-Nightguard in the Tube Well Division, Barh. He died while he was in service on 8







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