Most. Ahilya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16351 of 2014 ====================================================== Most. Ahilya Devi wife of Naresh Tiwari resident of Mohalla - Sanjay Nagar, Road No. 3, P.S. Jakkanpur, District Patna.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. 3.

The Chief Engineer-I, Rural Works Department, Govt. of Bihar, Patna. 4.

The Superintending Engineer, Rural Works Department, Works Circle, Ara. 5.

The Executive Engineer, Rural Works Department, Works Division, Ara. 6.

Special Secretary, Rural Works Department, Govt. of Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

M/s Jitendra Kumar, Uday Bhanu Rai, Manisha Prasad & Durgesh Nandan For the Respondent/s :

Mr. Rakesh Kumar Srivastava, AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-04-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

It is submitted by the parties that subsequent to filing of the writ petition the petitioner has been removed from her services as work charged employee under order dated 15.9.2014 issued by Special Secretary, Rural Works Department, Government of Bihar, Patna.

In view of such development having been placed on record by way of counter affidavit, Counsel for the petitioner is permitted to implead Special Secretary, Rural Works

Patna High Court CWJC No.16351 of 2014(2) dt.01-04-2019 2/2 Department, Government of Bihar, Patna as respondent No. 6. The parties are in agreement that since the petitioner has discharged her duties for 12 years as work charged employee her claim for grant of all benefits has to be considered in the light of Full Bench decision 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 aforesaid submission of the parties, the matter is remitted to respondent No. 6 for examining the claim of the petitioner in the light of Full Bench decision. Let the consideration be done and the claim of the petitioner be considered by respondent No. 6 by a reasoned and speaking order in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U