IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.395 of 2011.
Arising out of order dt.3.2.2011 passed in CWJC No.2052/2011.
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Janaki Sharan Singh son of Late Ram Chandra Singh,
Resident of village Chhatya, P.S. Masaurhi District Patna
…………….Appellant.
Versus
1.The State Of Bihar.
2.The Secretary, Water Resources Department, Bihar.
3.The Chief Engineer,
Water Resources Department, Bihar.
4.The Executive Engineer, Rupenkan Divisiosn No.1,
Water Resources, Anishabad, Patna. ……….Respondents.
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4. 25.07.2011 On hearing the parties, we are of the view that the issue
raised in this appeal requires detailed consideration so that it may be
authoritatively decided whether on regularization, a daily wager who
has worked continuously for 15-20 years, acquires a right to count his
earlier services as a pensionable service or qualifying service or not.
Such right has been claimed on account of relaxation granted under
rule 59 of the Bihar Pension Rules in favour of temporary employees,
who have worked continuously for more than 15 years.
Learned counsel for the appellant submitted that in the
peculiar facts of the case, the appellant who was earlier afraid to
challenge the order granting him regularization in service issued in 2007
may be given a chance to challenge that order on the ground that the
regularization for the purpose of pension at least should have been
made with effect from the date, the appellant was continuously working
under the Government.
The appeal is admitted for hearing. Parties have already
appeared.
2
Liberty is granted, as sought by the appellant, for
challenging the order of regularization only on limited ground, as
indicated above.
Rule is made returnable within 6 months. After 6
months, the appeal may be listed for hearing before the appropriate
Bench, as the matter relates to claim of pension of a retired employee.
(Shiva Kirti Singh,J)
Jay/ ( Shivaji Pandey, J)