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2013 Supreme(Pat) 571

NAVIN SINHA, SHIVAJI PANDEY
State of Bihar through the Secretary Department of Public Health Engineering Department, Bihar, Patna – Appellant
Versus
Sheela Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. Nivedita Nirvikar, Vikash Kumar Pankaj.
For the Respondent: M/s. Arun Kumar Arun, Siyaram Pandey, Amrendra Pratap Singh.

ORDER

(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)


I.A. No. 2425 of 2013 has been preferred for condoning the delay of 110 days in the filing of the Appeal. After hearing the parties, considering the explanation for the delay, the important question involved for adjudication, we condone the delay and proceed to decide the Appeal on merits.

2. We have heard Counsel for the Appellant and Respondent no.1. The present Appeal arises from order dated 4.9.2012 allowing C.W.J.C. No. 2246 of 2012. Respondent no.1 has been held entitled to family pension for the services rendered by her deceased husband relying on C.W.J.C. No.6183 of 2008 and analogous cases, affirmed in L.P.A. No.788 of 2009. The S.L.P. (Civil) No.8663 of 2010 assailing the latter was dismissed in limine. The husband of Respondent no.1 was initially appointed on 1.5.1980 as Khalasi on muster roll in the Public Health Engineering Department. He, along with others was inducted in the work charge establishment on 25.1.1988. Recommendation was made on 21. 12. 1998 for absorption in the regular establishment having completed 10 years in the work charge establishment referring to letter number 5074 dated 20. 9. 1990 of the Finance D

































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