Allowed

Md.Mukhatar and Ors. v. the State of Bihar and Ors.

Patna HC16 Oct 2012CWJC/12272/2011

Case brief

AI extract

What is this about?

The Patna High Court allowed the writ petition seeking declaration of permanence for Class IV employees. The Court directed that petitioners receive the same permanent status and benefits granted in a prior judgment (CWJC No. 16060 of 2004) within three months.

What did the court decide?

Petitioners entitled to permanent status and benefits same as in CWJC No. 16060 of 2004 within three months.

Md.Mukhatar and Ors. Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12272 of 2011

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====================================================== 1. Md.Mukhatar S/O Md. Usman R/O Vill.- Mornish, P.O.- Kerma, P.S.Maniyari, Distt.- Muzaffarpur

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1. Ram Das Rai S/O Sri Baijnath Rai R/O Vill.- Aarijpur, P.O.- Rajla, P.S.- Kurhani, Distt.- Muzaffarpur

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Mohan Singh S/O Sri Newa Lal Singh R/O Vill.- Muzaffara Kamtaul, P.S.- Kurhani, Distt.- Muzaffarpur

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Md. Jafar S/O Md. Yakub R/O Vill.- Bara Sumera, Maulachak, P.O.Sumera, P.S.- Kurhani, Distt.- Muzaffarpur

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Bindeshwar Mahto S/O Kuldip Mahto R/O Vill.- Bakuchi, P.S.- Katra, Distt.- Muzaffarpur

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Upendra Thakur S/O Ram Lakhan Thakur R/O Vill.- Nawalpur Mishraulia, P.O.- Jagdishpur Bagh Nagari, P.S.- Sakra, Distt.Muzaffarpur

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Mohan Thakur S/O Wakil Thakur R/O Vill.- Jajuar, P.S.- Katra, Distt.Muzaffarpur

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Ram Briksha Rai S/O Mahendra Rai R/O Vill.- Lakhanpur Tal, P.S.Desari, Distt.- Vaishali

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Sudhir Kumar Srivastava S/O Sri Ram Bahadur Prasad R/O Vill.Kermadih, P.S.- Maniyari, Distt.- Muzaffarpur

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Indrajeet Singh S/O Late Ramchandra Singh R/O Vill.- Muzaffara Kamtaul, P.S.- Kurhani, Distt.- Muzaffarpur

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Manoj Kumar Chaudhary S/O Sri Narayan Chaudhary R/O Vill.+P.O.Sherpur, P.S.- Darsingsarai, Distt.- Samastipur

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary Rural Development Department, Govt. Of Bihar, Patna

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The Chief Engineer Rural Engineering Organization, Bihar, Patna

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The Superintending Engineer Rural Engineering Organization, Work Circle, Muzaffarpur 5. The Executive Engineer Rural Engineering Organization, Work Division, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. Shashi Bhushan Kr. Sc7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

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.... .... Respondent/s

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4 16-10-2012 Initially petitioners were working as Class IV employee from 1984 & 1987. They are getting regular pay scale

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Patna High Court CWJC No.12272 of 2011 (4) dt.16-10-2012

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and all the benefits of the services, but they have not been made permanent so far.

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The learned counsel for the petitioners submits that petitioners are entitled to be declared as permanent employee as has been declared by this Court vide order dated 03.05.2007 passed in CWJC No. 16060 of 2004 against which Special Appeal has also been dismissed vide order dated 02.06.2007. The Judgment is based on Rule 60 of the Bihar Public Works Department Code Volume (1) for Class III post, which has been held by this Court to be adopted rule by reference under rule framed by the State of Bihar in the year 1951. Learned counsel for the State is not able to convince this Court to take view otherwise.

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Accordingly, the petition is allowed. Petitioners

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are entitled to the same benefits as has been given to the petitioners of CWJC No. 16060 of 2004 decided on 03.05.2007 within three months from the date of receipt/production of a certified copy of this order.

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(Prakash Chandra Verma, J)

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Mkr./-

Md.Mukhatar and Ors. v. the State of Bihar and Ors.

Case brief

What is this about?

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Md.Mukhatar and Ors. v. the State of Bihar and Ors.

Case brief

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