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Patna High CourtCWJC/13984/2017disposed

Chandra Mohan Singh And ORS v. The State Of Bihar And ORS

2018-04-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13984 of 2017 ======================================================

1. Chandra Mohan Singh S/o Late Bishwa MOhan Singh, Resident of Village-Pojhi, Buzurg, P.O. Marhaura, District, Saran.

2. Ramesh Tiwari S/o Late Girija Tiwari, Resident of Village-Majhogar Lakhiram, P.S.-Hathua, District-Gopalganj.

3. Ram Chandra Pandey S/o late Singhasan Pandey, Resident of VillagePandey Chakia, P.S.-Bhore, District-Gopalganj

4. Sumant Tiwary S/o late Hari Prasad Tiwary, Resident of Village-Asha Padadi, P.S.-Simari, District-Buxar.

5. Devendra Singh S/o Late Rameshwar Singh, Resident of Village-Sirisia, P.S.-Jamo Bazar, District-Siwan

6. Hari Lal Prasad S/o late Baldeo Mahto, Resident of Village-Kolhua Sri Rampur, P.S.-Manjha, District-Gopalganj. All are Presently Posted and Working as Pump Operator at P.H. Mechanical Sub-Division, Gopakganj Under Public Health Mechanical Division, .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Pubic 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. Arvind Ujjwal-Sc4 ====================================================== 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

Patna High Court CWJC No.13984 of 2017 (2) dt.24-04-2018 2/2 computing the period for granting the benefits of ACP and MACP as well as the pensionary benefits, is covered by a judgment of this 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 petitioners and pass final orders within 6 weeks from today, by taking into account the period of service rendered by the petitioners 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