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2015 Supreme(Pat) 1111

CHAKRADHARI SHARAN SINGH, I.A.ANSARI
State of Bihar – Appellant
Versus
Bimli Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. Mani Kant Mishra, GP 25 Mr. Rajesh Kumar Sinha, AC to GP 25
For the Respondent:Mr. Anil Kumar Sinha, Advocate

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The short question, which has arisen in the present appeal, is: whether the family members of a deceased employee, who was appointed in a work charged establishment and died, while working as a work charge employee, would be entitled to family pension under the Bihar Pension Rules, 1950?

2. The State of Bihar and its officials have preferred this appeal, under Clause 10 of the Letters Patent of this High Court, being aggrieved by an order of learned Single Judge, dated 27.8.2014, passed in CWJC No. 5159 of 2013, whereby the learned single Judge, relying on another decision of a single Judge of this Court in the case of Most. Baby Devi vrs. State of Bihar, reported in 2012 (3) PLJR 910, has allowed the writ application and directed the respondent State to consider granting of family pension and other benefits to the writ petitioner, which she may be entitled to, by treating her husband, who was a work charged employee, as a regular employee under them.

3. The facts over which there is no dispute between the appellants and the respondent are that the husband of the respondent, Sushil Paswan, was initially appointed, on 9.9.1982, on muster roll, by


































































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