Petitioner sought an order counting his daily wage service period for pension purposes. The court dismissed the writ petition, relying on a Full Bench precedent holding such service ineligible for pension entitlement.
Petitioner's prayer to count daily wage service for pension purely was dismissed.
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
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.
.... .... Petitioner
.... .... Respondents
=========================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent/s : Mr. Raju Giri, GP-30
=========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 29-11-2016
The instant writ petition has been field for seeking a direction to be issued to the respondents to count the service period of the petitioner spent on daily wage basis for the purpose of his pension.
as daily wage peon on 01.08.1978 and had worked for more than
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240 days. He was absorbed and regularized as peon vide order dated 14.12.2011 passed by the Chief-Engineer, Water Resources Department, Samastipur and since the date of birth of the petitioner was 16.09.1954, he retired on attaining the age of superannuation on 31.09.2014. It is further contended that the petitioner would not be eligible for pension if his service spent on daily wage is not counted as he could serve the State only for a brief period of about three years after absorption.
Patna High Court CWJC No.1109 of 2015 dt.29-11-2016
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Bihar Pension Rules, 1950, i.e., Rules 56, 58 and 61 held that the service rendered by a person as daily wage employee cannot be said to be a service for which the petitioner was paid from the general revenue of the State Government or the service rendered on a substantive post in a permanent establishment. It held that such service, even if it is followed by absorption on regular establishment, will not qualify for pension.
(Ashwani Kumar Singh, J.)
Kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | … |
| Uploading Date | 30.11.2016 |
| Transmission Date |
1 issue framed by the court
Whether service rendered by a person as a daily wage employee qualifies for pension when followed by absorption on a regular establishment.
Colour shows how this judgement treated each authority
The State of Bihar & Anr. vs. Bhagwan SinghFollowed¶26
The State of Bihar & Anr. vs. Bhagwan Singh (since dead) [2014(4) PLJR 229]
Ram Naresh Jha
The State of Bihar through the Principal Secretary, Department of Water Resources
The Engineer-in-Chief, Department of Water Resources
The Chief Engineer, Department of Water Resources
The Superintending Engineer, Flood Control Circle
The Executive Engineer, Flood Control Division
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
