Allowed

Suresh Chandra Srivastava and or v. the State of Bihar and Ors.

Patna HC16 Oct 2012CWJC/12298/2011

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ petition seeking declaration of permanence for workcharge employees. Relying on a prior order (CWJC No.16060 of 2004) and Rule 60 of the Bihar PWDC, the Court held petitioners are entitled to permanent status and benefits.

What did the court decide?

Petitioners declared permanent employees entitled to same benefits as per CWJC No.16060 of 2004 within three months.

Suresh Chandra Srivastava and or Vs the State… — Pension and Retirement Benefits | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.12298 of 2011

¶3

======================================================

¶4

Suresh Chandra Srivastava S/O Late Sukhdeo Prasad Srivastava R/O Vill.- Jhapha, Ganghati, P.S.- Ahiyapur, Distt.- Muzaffarpur

¶5

Chandra Madhav Chaudhary S/O Sri Kunjan Chaudhary R/O Vill+P.O.Dariyapur Kafen, P.S.- Kurhani, Distt.- Muzaffarpur

¶6

Shambhu Dubey S/O Sri Buchkun Dubey R/O Vill-Situahi, P.S.Karnaul, P.S.- Sahebganj, Distt.- Muzaffarpur

¶7

Lakhindra Sah S/O Late Ganesh Sah R/O Vill.- Deghra Rampur Sah, P.S.- Sadar, Distt.- Muzaffarpur

¶8

Sone Lal Das S/O Sri Chulhai Das R/O Vill+P.O.- Muraul, P.S.- Sakra, Distt.- Muzaffarpur

¶9

Md. Sidiquee S/O Md. Habib R/O Vill.- Sarmasta, P.O.- Kerma, P.S.Kurhani, Distt.- Muzaffarpur

¶10

Ram Bachan Singh S/O Sri Rijhan Singh R/O Vill.- Chiknauta Bahas, P.O.- Chapra Bahas, P.S.- Sugauli, Distt.- East Champaran At Motihari .... .... Petitioners

¶11

Versus

¶12

The State Of Bihar

¶13

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

¶14

The Chief Engineer Rural Engineering Organization, Bihar, Patna

¶15

The Superintending Engineer Rural Engineering Organization, Work Circle, Muzaffarpur

¶16

The Executive Engineer Rural Engineering Organization, Work Division, Muzaffarpur .... .... Respondents

¶17

====================================================== Appearance :

¶18

.... .... Respondents

¶19

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. Ravindra Kr Choubey Sc8

¶20

======================================================

¶21

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA

¶22

ORAL ORDER

¶23

4 16-10-2012 Initially petitioners were appointed in the workcharge Establishment from 1980 to 1983. They are getting regular pay scale and all the benefits of the services, but they have not been made permanent so far.

¶24

The learned counsel for the petitioners submits that

¶25

petitioners are entitled to be declared as permanent employee as

¶26

Patna High Court CWJC No.12298 of 2011 (4) dt.16-10-2012

¶27

2 / 2

¶28

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.

¶29

Accordingly, the petition is allowed. Petitioners 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.

¶30

(Prakash Chandra Verma, J)

¶31

Mkr./-

Suresh Chandra Srivastava and or v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Suresh Chandra Srivastava and or v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kumar Shashi Bhushan Sinha Vs the Bihar School Examination B

Jagdish Prasad Yadav Vs the State of Bihar and Ors.

Manju Kumari Sah Vs The State Of Bihar and Ors.

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

Bucho Ram Vs The State Of Bihar and Ors.

Prakash private Industrial Training Centre and Ors. Vs The State Of Bihar and Ors.