In this letters patent appeal, the Patna High Court dismissed the challenge to the order upholding the rejection of the appellant's petition for regularization of her late husband's ad hoc work charge service as that of a government servant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 977 of 2014 Arising out of
Civil Writ Jurisdiction Case No. 20786 of 2012
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Babita Devi wife of late Harendra Prasad, Resident of village - Manjhagarh, P.O. Manjhagarh, P.S. Manjhagarh, District – Gopalganj.
.... ....Petitioner/s / Appellant/s
Versus
.... ....Respondent/s / Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar No. III, Advocate For the State : Ms. Alka Verma, A.C. to S.C. 17
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date: 26-10-2016
Heard learned counsel for the parties.
to the order dated 19.02.2014 by which C.W.J.C. No. 20786 of 2012 filed by the appellant has been dismissed.
daily wage Chowkidar under the National Highway Division,
Muzaffarpur was appointed as in-charge Chowkidar on ad hoc
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basis under the Work Charge Establishment by order dated 25.01.1986 of the Superintending Engineer, National Highway Circle, Muzaffarpur and joined on the post on 27.01.1986. He died in harness on 12.03.2006. Pursuant thereto, the appellant filed representation on 20.09.2010 before the Executive Engineer, National Highway Division, Motihari for payment of admissible dues and appointment on compassionate ground. The appellant thereafter filed C.W.J.C. No. 20786 of 2012 seeking regularization of the service of her late husband with effect from 27.01.1986 and payment of death-cum-retiral benefits to her. Dismissal of the writ petition by the learned single Bench by order dated 19.02.2014 has given rise to the present Letters Patent Appeal.
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is contended that as per the policy decision of the State Government dated 17.01.1990, it was decided that all Chowkidars/Dafadars in service would be treated as Government Servant with effect from 01.01.1990 and, thus, the late husband of the appellant also being a Chowkidar, it shall be deemed that he also became government servant and, thus, all benefits, as admissible to a Government servant, would be applicable in the case of the appellant also.
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Reforms Department bearing no. 3647 dated 30.04.2005 has provided for appointment on compassionate ground of dependants of those employees whose service has been adjusted in the regular establishment from work charge establishment and on this account also the appellant is unsuited.
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name of the post is Chowkidar, will not mean that every Chowkidar under any Department of the State Government would be covered by such policy decision.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR U
3 issues framed by the court
Whether the service of the deceased Chowkidar appointed on an ad hoc work charge basis can be regularized as a government servant.
Whether the deceased qualifies for death-cum-retiral benefits and compassionate appointment.
Whether a Chowkidar attached to the Road Construction Department qualifies under the policy treating Chowkidars as government servants.
Babita Devi wife of late Harendra Prasad
The State of Bihar
General Administration, Government of Bihar, Patna
The Principal Secretary Road Construction Department Bihar
The Engineer-in-Chief, Road Construction Department Bailey Road
The Chief Engineer, National Highway
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
