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2008 DIGILAW 794 (PAT)

Naimun Nisha v. State Of Bihar

2008-06-30

S.N.HUSSAIN

body2008
Judgment 1. Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Corporation and learned counsel for the Accountant General. 2. This writ petition has been filed by the petitioner for family pension, leave encashment and other death-cum-retiral benefits. 3. Learned counsel for the petitioner submits that the petitioner is the widow of late Moin Khan who was a 4th Grade employee appointed on 6.2.1955 in the Collectorate at Saharsa as Tahsil peon. He further submits that on 2.6.1967 he was adjusted as Palledar in Collectorate, Saharsa and continuously worked there till 28.4.1973 when he was sent by the authorities of the State Government on depu- tation to State Food and Civil Supplies Corporation. where he continuously worked for about 19 years and died in harness on 8.6.1992. 4. Learned counsel for the petitioner submits that these facts would be clear from the service book of the petitioner which is annexed to this writ petition, as Annexure-1. He further submits that the aforesaid facts have been admitted by the State Food and Civil Supplies Corporation in its counter affidavit in which it was specifically stated that the husband of the petitioner was working in the Corporation on deputation and he died while he was on deputation. 5. On the other hand, learned counsel for the State submits that the petitioner was temporarily appointed in the Collectorate in 1955 on the post of Tahsil peon and he throughout remained as temporary employee and in the meantime he did not work for certain periods and, on 2.6.1967 he was appointed afresh as Palledar in the Collectorate of Saharsa. It is also stated that since then he continuously worked on temporary basis and on 28.4.1973 he was sent on deputation to the State Food and Civil supplied Corporation and he died on 8.6.1992 while he was working in the Corporation. Hence, he submits that since the husband of the petitioner was not working on any permanent post and died in harness on deputation, his widow was not entitled to any death-cum-retiral benefits. 6. Hence, he submits that since the husband of the petitioner was not working on any permanent post and died in harness on deputation, his widow was not entitled to any death-cum-retiral benefits. 6. The averments made by learned counsel for the State appears to be highly baseless and illogical as it has not been shown by any material whatsoever that the petitioner was absent for long period from 1955 to 1967 nor he produced any material to show that any action was taken by the authorities for the absences of the husband of the petitioner. in the said circumstances it transpires that the husband of the petitioner continuously worked in the Collectorate from 1955 till 1973, when he was sent on deputation to the State Food and Civil Supplies Corporation. 7. The Corporation also has not said a word about any absence during the period of deputation. So far the question of continuation of the petitioner on temporary appointment is concerned, the plea of the State of Bihar is fit to be rejected as it cannot be assumed without any material whatsoever that for 18 years an employee can be allowed to remain as temporary appointee although regular work was being taken from him and he was sent on deputation to the State Food and Civil Supplies Corporation. In the said circumstances, the husband of the petitioner has to be treated as the regular employee of the State of Bihar as he was sent on deputation to the said Corporation where he worked till his death being on deputation. 8. In the aforesaid facts and circumstances, the petitioner is directed to file a fresh application before the District Magistrate. Saharsa (respondent No. 3) wiithin four weeks from today alongwith a copy of this order and the relevant materials with respect to her claim of retiral dues including family pension etc. and if such an application is filed within the period prescribed, the said respondent shall calculate the entire amount of death-cum- retiral dues including family pension payable to the petitioner within eight weeks thereafter and pay the same to the petitioner. 9. With the aforesaid observation/direction, this writ petition is allowed.