Patna High Court
Ramashish Singh vs The State Of Bihar & Ors on 23 February, 2017
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11311 of 2016
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Brajendranandan Singh son of Sri Raghabendra Narayan Singh, resident of village
+ P.O. - Panchgachhia, P.S. - Bihra, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar,
Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
4. The Chief Engineer (Mechanical), Public Health Engineering Department, Govt.
of Bihar, Patna.
5. The Zonal Chief Engineer, Purnea Zone, PHE Department, Bihar, Patna.
6. The Superintending Engineer, Public Health Engineering Circle, Saharsa.
7. The Executive Engineer, PH Division, Patna East, Patna.
8. The Executive Engineer, Public Health Engineer Division, Supaul.
9. The Executive Engineer, Public Health Engineering Division, Saharsa.
10. The Sub-Divisional Officer, Public Health Sub-Division, Barh, Patna.
11. The District Accounts Officer, Saharsa.
12. The Treasury Officer, Saharsa.
13. The District Accounts Officer, Supaul.
14. The Treasury Officer, Supaul.
15. The Accountant General (A & E), Bihar, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 11290 of 2016
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Ramadhar Singh son of Late Karo Singh, resident of village + P.O.- Karisowa,
P.S.- Bajirganj, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar
Patna.
3. The Engineer -in -Chief -cum - Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
4. The Chief Engineer (Mechanical), Public Health Engineer Department, Govt. of
Bihar, Patna.
5. The Zonal Chief Engineer, Patna Zone, Patna. Dept. of P.H.E.D.
6. The Superintending Engineer, Public Health Engineering Circle- Patna.
7. The Executive Engineer, Public Health Division, Patna East, Patna.
8. The Sub-Divisional Officer, Public Health Sub-Division, Barh, Patna.
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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9. The District Accounts Officer, Patna.
10. The Treasury Officer, Patna
11. The Account General (A&E), Bihar, Patna.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 13982 of 2016
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Ramashish Singh son of Late Rameshwar Singh, resident of village-Kansua, Post
Office- Ratani Bazar, Police Station- Sakurabad, District- Jehanabad at present
reisidng at Mohalla Devi Chak, Fatuha, Post Office- Fatuha, Police Station- Fatuha,
District - Patna
.... .... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, to the Government, P.H.E.D.,
Bihar, Patna, Bisheshwaraiya Bhawan, Bailey Road, Patna
2. The Chief Engineer, (Mechanical), P.H.E.D., Bihar, Patna Bisheshwaraiya
Bhavan, Bailey Road, Patna
3. The Superintending Engineer, P.H.E. Circle, Patna
4. The Executive Engineer, P.H. Division, Patna East, Patna
5. The Accountant General, Bihar, Veerchand Patel Marg, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 11098 of 2016
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Bijay Kumar Singh son of Late Damodar Prasad Singh, resident of village + PO.-
Kundal, P.S. -Singhia, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar,
Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
5. The Engineer-in-Chief-cum- Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna.
6. The Chief Engineering (Mechanical), Public Health Engineering Department,
Govt. of Bihar, Patna.
7. The Zonal Chief Engineer, Bhagalpur Zone, Department of Public Health
Engineering.
8. The Superintending Engineer, Public Health Engineering Circle, Begusarai.
9. The Superintending Engineer, Public Health Engineering Circle, Saharsa.
10. The Executive Engineer, Public Health Engineering Division, Khagaria.
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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11. The District Accounts Officer, Khagaria.
12. The Treasury Officer, Khagaria.
13. The Accountant General (A&E), Bihar, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 16494 of 2016
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Rajendra Yadav son of Late Domi Yadav, resident of village-Shani Tola, Ward
No.15, Post- Simri Bakhtiyarpur, District- Saharsa
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar,
Patna
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna
4. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna
5. The Engineer-in-chief-cum-Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna
6. The Chief Engineer (Mechanical), Public Health Engineering Department, Govt.
of Bihar, Patna
7. The Zonal Chief Engineer, Bhagalpur Zone, Department of Public Health
Engineering, Bihar, Patna
8. The Superintending Engineer, Public Health Engineering Circle, Begusarai
9. The Superintending Engineer, Public Health Engineering Circle, Saharsa
10. The Executive Engineer, Public Health Engineering Division, Khagaria
11. The District Accounts Officer, Khagaria
12. The Treasury Officer, Khagaria
13. The Accountant General (A & E), Bihar, Patna
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 18380 of 2016
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Ashok Kumar Upadhyay son of Late Dinesh Prasad Upadhyay, resident of village-
Laluchak Angari, P.O.-Isakchak, P.S.-Lodipur, District-Bhagalpur
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna
2. The Principal Secretary, Public Health Engineering Department, Bihar, Patna
3.The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna
4. The Chief Engineer, Department of Public Health Engineering (Mechanical),
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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Bihar, Patna
5. The Zonal Chief Engineer, Bhagalpur Zone
6. The Superintendent Engineer, Public Health Engineering, Public Health
Engineering Circle-Munger
7. The Executive Engineer, Public Health Division, Sheikhpura
8. The Accountant General (A & E), Bihar, Patna
9. The District Account Officer, Sheikhpura
10. The Treasury Officer, Sheikhpura
.... .... Respondent/s
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Appearance :
(In CWJC No.11311 of 2016)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Prashant Kumar, A.C. to S.C.-11
For the Accountant General : Mrs. Nivedita Nirvikar, Advocate
(In CWJC No.11290 of 2016)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Rishi Raj Singh, S.C.-19
Mr. Akhilesh Kumar Sinha, A.C. to S.C.-19
For the Accountant General : Mr. Binod Kumar Labh, Advocate
(In CWJC No.13982 of 2016)
For the Petitioner/s : Mr. Lalan Kumar Singh, Advocate
For the Respondent/s : Mr. Sanjay Kumar Giri, G.P.-9
For the Accountant General : Mr. Anand Kumar, Advocate
(In CWJC No.11098 of 2016)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, A.A.G.-13
: Mr. Puneet Sidhartha, A.C. to A.A.G.-13
(In CWJC No.16494 of 2016)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Sanjay Kumar Giri, G.P.-9
For the Accountant General : Mr. Kumar Priya Ranjan, Advocate
Mr. Vasant Vikas, Advocate
(In CWJC No.18380 of 2016)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mrs. Namrata Mishra, G.A.6
For the Accountant General : Mr. Arun Kumar Arun, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 23-02-2017
Heard learned counsel for the petitioners and the State in
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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these cases.
2. Since the issues involved in these cases are identical, they
have been heard together and are being disposed of by a common
order.
3. It is submitted by the learned counsel for the petitioners
that these cases are squarely covered by judgment in Sheela Devi vs.
The State of Bihar and others (CWJC No.2246 of 2012) wherein it
has been held that where the employee was being paid regular salary
in work charge establishment and deductions were being made from
his salary for being deposited in General Provident Fund and the
employee was subsequently absorbed under regular establishment, the
State was bound to take into account his period spent on work charge
establishment for the purpose of making his service pensionable.
4. In Sheela Devi vs. The State of Bihar and others
(supra), the petitioner was a widow of a deceased employee, who was
in work charge establishment for a long period and was regularized in
regular establishment in 2006 and died in 2009. The widow was
denied family pension on the ground that her late husband had been
regularized in the regular establishment in 2006 after the cut off date
for change of pension scheme as on 1st of September, 2005, the State
Government took a decision for the employees, who had been
recruited after 01.09.2005 whereby the pension scheme under general
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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provident fund was replaced by contributory provident fund. The
widow filed the writ application challenging that the State was bound
to take into account the services, as rendered by her late husband in
the work charge establishment, where he was being paid regular
salary and General Provident Fund deductions were being made from
his salary.
5. It was held in the aforesaid CWJC No.2246 of 2012 that
for the purpose of making service pensionable, the period spent under
work charge establishment had to be taken into account and that being
so the deceased employee would be deemed to be an employee prior
to cut off date 01.09.2005 and would be covered under the pension
scheme prevalent before the cut off date i.e., 1st of September, 2005.
6. Being aggrieved by the order passed in CWJC No.2246
of 2012 by the learned Single Judge, the State preferred an appeal
before the Division Bench vide Letters Patent Appeal No.416 of 2013
which was dismissed holding the same to be devoid of any merit. The
State, thereafter, preferred Special Leave to Appeal (Civil) No.29497
of 2013 before the Hon'ble Supreme Court, which too was dismissed
in limine by order dated 29.09.2013 After dismissal of Special Leave
to Appeal before the Hon'ble Supreme Court, a review application,
vide Civil Review No.210 of 2014, was filed before this Court by the
State for reviewing the judgment of the Division Bench passed in
Patna High Court CWJC No.11311 of 2016 dt.23-02-2017
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L.P.A. No. 416 of 2013, which was dismissed vide order dated
21.09.2015.
7. It is submitted by learned counsel for the petitioners that thereafter the State calculated the entire period of service rendered by the deceased employee in the work charge establishment before his absorption in regular establishment and computed all his retiral dues on that basis and made payment to the widow of the deceased employee.
8. Learned counsel appearing for the State in these cases does not dispute the aforesaid contentions of the writ petitioners.
9. The grievances of the petitioners in these cases are that though the respondent State is counting the services rendered by the respective employees in work charge establishment for the purpose of pension, but the computation of pension is not being done in terms of the order passed in the matter of Sheela Devi vs. The State of Bihar (supra).
10. Since the cases on hand are squarely covered by the judgment in Sheela Devi vs. The State of Bihar (supra), in the light of the discussions made above, I dispose of all the writ petitions in terms of the findings, observations and directions made in the matter of Sheela Devi vs. The State of Bihar (supra).
11. Resultantly, the respective petitioners in these writ Patna High Court CWJC No.11311 of 2016 dt.23-02-2017 8/8 petitions shall reap all the benefits and be paid all their dues, if not paid, within three months from the date of receipt/production of a copy of this order.
12. With the aforesaid observations and directions, these writ applications are disposed of.
13. There will be no order as to costs.
(Ashwani Kumar Singh, J) Md.S./-
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