Ram Naresh Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.938 of 2017 In Civil Writ Jurisdiction Case No.1109 of 2015 ====================================================== Ram Naresh Jha, son of Late Kapleshwar Jha, resident of Village- Bel, P.S.- Bairgenia, District- Sitamarhi.

... ... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Water Resources, Govt. of Bihar, Patna.

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

3. The Chief Engineer, Department of Water Resources, Samastipur.

4. The Superintending Engineer, Flood Control Circle, Khagaria.

5. The Executive Engineer, Flood Control Division 1/2, Khagaria.

6. The District Magistrate, Khagaria.

7. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. Anjani Kumar-Aag4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 14-05-2018 None on behalf of the appellant. Perused the impugned order dated 29.11.2016 passed by the learned single Judge in C.W.J.C. No. 1109 of 2015.

Since there is no rule or law, which mandates counting of the period of work as daily wager for the purposes of calculating pension, the learned single Judge has rightly taken note of a Full Bench decision in the case of The State of Bihar & Anr. vs. Bhagwan Singh (since dead) reported in 2014 (4)

Patna High Court LPA No.938 of 2017(4) dt.14-05-2018 2/2 PLJR 229, to dismiss the writ application.

There is no infirmity in the impugned order of the learned single Judge.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U