Work charged employees and their heirs/dependants are entitled to the same death-cum-retiral benefits as temporary government employees if found eligible and qualified for such benefits.

JUDGMENT :

1. Heard Mr. Samavesh Bhanj Deo, learned counsel appearing on behalf of the petitioner along with Ms. Shatakshi, learned counsel for the petitioner.

2. Heard Mr. Shubham Mishra, learned counsel appearing on behalf of the respondent- State of Jharkhand.

3. Heard Mr. Arvind Kumar Mehta, learned counsel appearing on behalf of the respondent no. 5.

4. This writ petition has been filed for the following reliefs:

“For issuance an appropriate writ/Rule/Direction particularly a writ in the nature of certiorari for quashing the part of the order contained in Memo No. 42 dated 8.1.2015 (Annexure-13) issued under the signature of the Additional Secretary, Rural Engineering Organization, Jharkhand, Ranchi whereby and whereunder the claim of the petitioner for fixation and payment of family pension has been rejected in utter violation to the order dated 4.9.2014 passed by this Hon’ble High Court in W.P.(S) No. 3433 of 2012 and the judgment of Full Bench reported in 2005 (3) JLJR 38. And for a further direction to the respondents to immediately and forthwith fix and pay the Family Pension and Gratuity with an interest @ 18% per annum from the date of the death of the husband of the petitioner till the actual payment as well as cost for delayed payment. And for a further direction to the respondents to regularize the services of the deceased husband of the petitioner in regular establishment from work charge establishment which is pending since 2000 itself and thereafter to consider the case of the one of the children of the deceased employee for appointment on compassionate ground. And for any other relief or reliefs to which she may be found entitled to.”

5. Learned counsel for the petitioner submits that the petitioner had earlier moved this court in W.P.(S) No. 3433 of 2012 which was disposed of vide order dated 04.09.2014 wherein it was clearly recorded that the petitioner’s grievance is confined to the claim of death-cum-retiral benefits of her deceased husband who is said to have died as work charge employee on 26.05.1997 while working in the office of Executive Engineer, Rural Engineering Organization, Works Division, Sahebganj and the matter was disposed of by giving liberty to the petitioner to approach the respondent no. 2, Principal Secretary, Rural Engineering Organization/ Rural Development Department, Government of Jharkhand with a fresh representation together with all supporting documents including the judgement passed by Full Bench of this Court in W.P.(S) No. 6826 of 2002 and other analogous cases reported in 2005 (3) J.L.J.R. 38.

6. The learned counsel for the petitioner submits that pursuant to the order passed by this Court, the representation was made and the impugned order as contained in Annexure- 13 dated 08.01.2015 has been passed rejecting the claim of the petitioner and the said order does not even refer to the aforesaid Full Bench Judgement of this Court which has been specifically referred to while disposing of W.P.(S) No. 3433 of 2012. The learned counsel submits that the present case is squarely covered by the Full Bench Judgement. He also refers to the Full Bench Judgement Annexed as Annexure- 11 to this petition. While referring to the Full Bench Judgement, he has referred to the issues before the Hon’ble Full Bench at para 5 of the aforesaid Judgement and the relevant issue for the purposes of this case is issue no. (c). He submits that the issue no. (c) has been answered by the Hon’ble Full Bench vide paragraph no. 15 in favour of the similarly situated claimants as that of the petitioner. The learned counsel for the petitioner has also referred to the facts of one similarly situated claimant in W.P.(S) No. 3963 of 2004 which was subject matter of consideration before the Hon’ble Full Bench.

7. The learned counsel appearing on behalf of the respondents does not dispute the fact that while considering the case of the petitioner pursuant to the order passed by this Court in W.P(S) No. 3433 of 2012