Kewala Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2598 of 2016 ====================================================== 1.

Kewala Devi and Anr Wife of Late Bilat Pradhan Resident of Village - Malpatti, P.S. - Kataul, District - Darbhanga. 2.

Chinta Devi, Wife of Late Vishwanath Raut, Resident of Village Bara - Shankar, P.S. - Patahi, District - Motihari.

... ... Petitioners

Versus

1.

The State Of Bihar through the Principal Secretary, Public Health Engineering Department, Vishweshariya Bhawan, Patna 2.

The Engineer - in - Chief Public Health Engineering Department, Vishwashariya Bhawan, Patna.

3.

The Chief Engineer Mechanical, Public Health Engineering Department, Vishwariya Bhawan, Patna.

4.

The Superintending Engineer, P.H. Circle, Darbhanga. 5.

The Executive Engineer, P.H. Division, Darbhanga. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar Jha, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to Gp 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners' counsel submits that the issue regarding petitioners' claim for benefits of period spent as work charge employee is now covered by a Full Bench decision in the case of Mobina Khatoon Vs State of Bihar and others, reported in 2019(2) BLJ (9) FB. He submits that in respect of their claim relying upon the Full Bench decision, petitioners would be approaching he Engineer - in - Chief Public Health Engineering

Patna High Court CWJC No.2598 of 2016(2) dt.07-03-2019 2/2 Department, Vishwashariya Bhawan, Patna.respondent no.2. Since the issue is to be decided by respondent no.2, no useful purpose would be served by keeping the writ petition pending. This Court would only observe that if the petitioners make their application to this effect within two weeks and their case is covered by the decision of the Full bench, respondent authorities in view of the provisions contained in Clause 4.C (1) of the Bihar State Litigation Policy, 2011 would be obliged to dispose of the same by a speaking and reasoned order extending the due benefits to the petitioners in accordance with law within three months thereafter.

Writ petition is disposed of.

(Madhuresh Prasad, J) Shashi U