Md. Mukhtar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 8576 of 2015 ====================================================== 1.
Md Mukhtar Son of Md Usman Resident of village - Mornisha, P.O. - Kerma, P.S. - Maniyari, District - Muzaffarpur. 2.
Mohan Thakur Son of Wakil Thakur Resident of Village - Jajuar, P.S. - Katra, District - Muzaffarpur.
3.
Sudhir Kumar Srivastava Son of Ram Bahadur Prasad Resident of village - Kermadih, P.S. - Maniyari, District - Muzaffarpur. 4.
Upendra Thakur Son of Ram Lakhan Thakur Resident of village - Nawalpur, Mishraulia, P.O. - Jagdishpur Baghnagari, P.S. - Sakra, District - Muzaffarpur.
5.
Bindeshwar Mahto Son of Kuldip Mahto Resident of Village - Bakuchi, P.S. Katra, District - Muzaffarpur.
6.
Md Jafar Son of Md Yakub Resident of village - Bara Sumera, P.O. - Sumera, P.S. - Kurhani, District - Muzaffarpur. 7.
Ram Briksh Rai Son of Mahendra Rai Resident of village - Lakhanpur Jal, P.S. - Desari, District - Vaishali.
8.
Ram Das Rai Son of Baijnath Rai Resident of Village - Arigpur, P.S. - Kurhani, District - Muzaffarpur.
9.
Mohan Singh Son of Newa Lal Singh Resident of Village - Muzaffara Kamtaul, P.S. - Kurhani, District - Muzaffarpur. 10.
Manoj Kumar Chaudhary Son of Sri Narayan Chaudhary Resident of village and P.O. - Sherpur, P.S. Dalsingsarai, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through Secretary, Rural Development Department, Government of Bihar, Patna 2.
The Deputy Secretary, Rural Works Department, Government of Bihar, Patna.
3.
The Chief Engineer, R.E.O. II, Road Constructions Executive Officer-cumSecretary, Bihar Rural Road (Works) Development, Bihar, Patna 4.
The Superintending Engineer, Rural Works Circle, Muzaffarpur, District - Muzaffarpur.
5.
The Executive Engineer, Rural Works Department, Works Division, Muzaffarpur.
... ... Respondent/s ====================================================== For the Petitioner/s :
Mr.Durga Nand Jha For the Respondent/s :
Mr.Ashok Kumar Choudhary- Aag13 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and the respondent-State.
Claim of the petitioners, in the instant proceedings, is for counting of the services rendered by them in the work charge
Patna High Court CWJC No.8576 of 2015(2) dt.28-08-2019 2/2 establishment since 1987. Counsels are in agreement, that the manner in which the period served in work charge establishment has to be taken into consideration for the purposes of benefit of service, now stands decided in the Full Bench judgment of this Court in the case of Mobina Khatoon -Versus- State of Bihar & Others, 2019 (1) PLJR 1015.
In view of such submission, no adjudication is required. Petitioners are permitted to approach respondent No 3 with details of their period of service so as to facilitate consideration for grant of benefits in light of the Full Bench decision, taken note of herein above.
Petitioners should approach respondent No 3 within four weeks from today.
In the event such an application is filed, respondent No 3 shall consider the petitioners' claim and dispose it of by reasoned and speaking order and grant admissible benefits to them within a period of three months thereafter. Writ petition stands disposed of.
(Madhuresh Prasad, J) M.E.H./- U