Ramchandra Pandey v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18277 of 2019 ====================================================== Ramchandra Pandey Son of late Jageshwar Pandey, Resident of Village Tilora, P.S. Vazirganj, District- Gaya.

... ... Petitioner/s

Versus

1.

State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

Engineer in Chief, Water Resources Department, Government of Bihar, Patna.

3.

Chief Engineer, Water Resources Department, Gaya Division, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.M.Joseph For the Respondent/s :

Mr.Vinay Kirti Singh (GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri K.M. Joseph, learned counsel for the petitioner and learned counsel appearing for the State.

The present writ petition has been filed to direct the State Government to sanction and pay the pensionary benefits to the respondent whose services in the Minor Irrigation Department was discontinued by the State Government after more than 28 years of service as Seasonal Sangrahak (Water Rate Collector), under Irrigation Department.

Learned counsel for the petitioner submits that a Full Bench of this Court, in the case of Mobina Khatoon vs. The State of Bihar & Ors. reported in 2019 (6) PLJR 1015, has held that even

Patna High Court CWJC No.18277 of 2019(3) dt.15-06-2020 2/2 the work charged employees are entitled to death cum retiral dues, hence the petitioner be granted liberty to approach the respondent authorities by filing appropriate representation in light of the Full Bench judgment rendered in the case of Mobina Khatoon (supra) and the State authorities be directed to consider the case of the petitioner for grant of pension in light of the aforesaid Full Bench judgment rendered in the case of Mobina Khatoon (supra). Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the Principal Secretary, Water Resources Department, Government of Bihar, Patna by filing appropriate representation, whereupon the respondent no.

1 shall consider the case of the petitioner in light of the principles laid down by the Full Bench in the case of Mobina Khatoon (supra) and take appropriate decision within a period of six weeks of filing of such representation by the petitioner. The writ petition stands disposed off on the aforesaid terms. (Mohit Kumar Shah, J) S.