Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.373 of 2024 ====================================================== 1.

Bimla Devi Wife of Late Gopal Khan, Resident of Village, Post Office and Police Station - Bangaon, Ward No. - 8, District - Saharsa. 2.

Jhalak Devi, Wife of Late Haribhadra Khan, Resident of Village, Post Office and Police Station - Bangaon, Ward No. - 6, District - Saharsa. 3.

Ganesh Jha, Son of Buchhi Jha, R/o Village - Bangaon, South Tola, Ward No. - 2, P.O. and P.S. - Bangaon, District - Saharsa. 4.

Indra Kant Jha, Son of Late Laxmi Kant Jha, Resident of Village - Jaojuri, ward No. - 13, Post Office Gopalpur, P.S. - Mahishi, District - Saharsa. 5.

Diwakar Chaudhary, Son of Late Kusheshwar Chaudhary, Resident of village- Murli Basantpur, Ward No. - 13, P.O. - Murli, District - Saharsa. .. ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary to Govt. Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna. 2.

The Engineer-in-Chief-Cum Special Secretary, Secretary, Public Health Engineering Department, Bishweshwaraiya Bhawan, Bailey Road, Patna. 3.

The Chief Engineer (Mechanical), Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

4.

The Superintending Engineer, Public Health Mechanical Circle, Bhagalpur, District - Bhagalpur.

5.

The Executive Engineer, Public Health Mechanical Division, District Purnia. 6.

The Accountant General Bihar, Veerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh, Adv.

For the Respondent/s :

Mr.Syed Iqbal Ahmad, SC-20 Mr.Mahtab Alam, AC to SC-20 For the A.G.(A2E) :

Mr.Binod Kumar Labh, Sc ( I.A 2 A.D.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That by this writ application the petitioners seek indulgence of this Hon'ble Court to consider and grant all the retiral benefits after computing the entire length of service commencing from work charge establishment to the date of absorption in permanent establishment i.e.

Patna High Court CWJC No.373 of 2024(2) dt.15-02-2024 2/2 1988 to 30.11.2006 for the purpose of full pensionable service in the light of the same issue has been decided recently by the Hon'ble Apex Court in the case of Uday Pratap Thakur and others and analogous cases on 28.04.2023 and also decided the Seela Devi case and the petitioners further pray to grant all consequential benefits of Service in the light of the Hon'ble Apex Court and the case of Sheela Devi."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Engineer-inChief-cum-Special Secretary, Public Health Engineering Department, Patna, for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representations are filed by the petitioners, before the Engineer-inChief-cum-Special Secretary, Public Health Engineering Department, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U