Basudeo Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13973 of 2017 ======================================================

1. Basudeo Singh S/o Late Laxmi Narayan Singh, Resident of VillageKamalakant Kararia, P.S.-Phulwaria, District-Gopalganj

2. Swami Nath Singh S/o Late Kamala Singh, Resident of VillageKamalakant Kararia, P.S.-Phulwaria, District-Gopalganj

3. Madhu Sudan Tiwary S/o late Ram Subhag Tiwary, Resident of Village-Kamalakant Kararia, P.S.-Phulwaria, District-Gopalganj All are Presently Posted and Working as Pump Operator at P.H. Mechanical Sub-Division, Gopalganj Under Public Health Mechanical Division, Siwan .... .... Petitioner/s

Versus

1. The State of Bihar through Commissioner-Cum-Secretary, Publec Health Engineering Department (P.H.E.D.),Bisheshwareya Bhawan, Bailey Road, Patna.

2. The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

3. The Chief Engineer (Mechanical), Public Health Engineering Department, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

4. The Superintending Engineer, Mechanical, P.H. (Mechanical) Circle, Muzaffarpur.

5. The Executive Engineer, Public Health Mechanical Division, Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Veerendra Narayan For the Respondent/s : Mr. Sanjay Kumar Giri - Gp9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2018 The learned counsel for the parties are in agreement that the present case, which involves the issue pertaining to counting of the period of service rendered by the employees in work charge establishment, upon absorption, for the purposes of computing the period for granting the benefits of ACP and MACP as well as the pensionary benefits, is covered by a judgment of this

Patna High Court CWJC No.13973 of 2017 (2) dt.24-04-2018 2/2 Court dated 12.4.2012 passed in CWJC No. 19195 of 2011. In view of the aforesaid, the present writ petition is disposed of with a direction to the respondents to examine the case of the petitioner and pass final orders within 6 weeks from today, by taking into account the period of service rendered by the petitioner in the work charge establishment for the purposes of computing the total period of service undergone for granting the benefits of ACP/MACP as well as pensionary benefits. The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U