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2019 Supreme(Pat) 106

A. P. SAHI, ANJANA MISHRA, ASHUTOSH KUMAR
Mobina Khatoon – Appellant
Versus
State Of Bihar Through Principal Secretary, Public Health Engineering Department, Patna – Respondent


Advocates:
Advocate Appeared:
Gajendra Kumar Jha, Adv., Sushil Kumar Jha, Adv., S. Raza Ahmad, Adv., Vishwambhar Prasad, Adv., Alok Ranjan, Adv., Suresh Kumar, Adv., Purushottam Kumar Jha, Adv., Siyaram Pandey, Adv.

JUDGMENT :

ASHUTOSH KUMAR, J.

1. The matter under reference is whether the services rendered by a work-charged employee is to be taken into account for computing his pension and whether a work-charged employee is, in the first instance, entitled to pensionary and other benefits which are available to a government servant and secondly whether there is any availability of family pension to the widow of such deceased work-charged employee or compassionate appointment to his heirs in case of death during service.

2. A Division Bench of this Court noticed the difference of opinion in the two judgments delivered by two different Division Benches of this Court; one being in Saraswati Devi Vs. The State of Bihar and Ors. reported in, (2017) 3 PLJR 645, but which was delivered on 21.04.2015 and the other being in The State of Bihar and Ors. Vs. Bimli Devi, though reported in, (2016) 1 PLJR 452, but which was delivered later than Saraswati Devi Vs. The State of Bihar and Ors. (supra) on 24.11.2015. The Division Bench also took note of the fact that a Full Bench decision of this Court in the case of State of Bihar and Anr. Vs. Bhagwan Singh (since dead) reported in, (2014) 4 PLJR 229, has not






































































































































































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