Rajeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.277 of 2013 ====================================================== Rajeshwar Prasad Singh S/O Late Nand Lal Prasad Singh R/O VillageBarhatiya, P.O.- Majhauli, Via- Prataptand, District- Vaishali ... ... Petitioner

Versus

1.

The State Of Bihar through Secretary Rural Work Department, Bihar, Patna 2.

The Secretary, Rural Works Department, Govt. Of Bihar, Patna 3.

The Chief Engineer, R.E.O.-II Road Construction Works Department, Bihar, Patna 4.

The Superintending Engineer Rural Works Circle, Muzaffarpur, DistrictMuzaffarpur 5.

The Executive Engineer Rural Works Department, Work Division, Sitamarhi ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Durga Nand Jha For the Respondent/s :

Mr.V.M.K Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2019 Parties are in agreement that claim of the petitioner for grant of benefits having regarding to his long service rendered as work charge emplooyee stands decided by the Full Bench of this Court in the case of Mobina Khatoon vs. State of Bihar in LPA No. 166 of 2018 reported in 2019(2) BLJ 9. In view of the position that the issue stands decided in the Full Bench judgment nothing remains to be decided by this Court. It is for the respondent authorities to examine petitioner's claim in the light of Full Bench judgment and if the petitioner's claim is squarely covered by the same and benefits have been granted to similarly situated persons then the petitioner would

Patna High Court CWJC No.277 of 2013(4) dt.22-10-2019 2/2 be entitled to similar benefits. The petitioner was serving under the Chief Engineer, Rural Works Department, Bihar (respondent No. 3).

In the circumstances, Counsel for the petitioner submits that relying on the decision of the Full Bench, petitioner would be submitting his claiming giving details of his entire service as work charged employee before respondent No. 3 within four weeks.

If such an application is filed, respondent No. 3 would consider the claim and grant admissible benefits to the petitioner upon consideration by a reasoned and speaking order in accordance with law having regard to entitlement of the petitioner positively within three months thereafter. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U