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Patna High Court

Satyabhama DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the deceased employee’s service is deemed regularised and he is entitled to pension and family pension under Rule 59 of the Bihar Pension Rules, setting aside the impugned order.

Summary

The petitioner, Satyabhama Devi, sought to quash a 2022 order rejecting her claim for post‑retirement benefits and family pension for her late husband, a daily‑wage employee who served 31 years in the Water Resources Department and superannuated in 2013. The Court examined whether a daily‑wage employee who completed ten years of continuous service is entitled to pension under Rule 59 of the Bihar Pension Rules and whether retrospective regularisation after superannuation is permissible. It considered the applicability of the Full Bench judgment in Mobina Khatoon, which extended pension rights to work‑charged employees, to the petitioner’s case of a daily‑wage employee. The Court found that the deceased’s service should be deemed regularised, that the Full Bench ratio applies, and that the impugned order was contrary to law and equity. Consequently, the Court set aside the order, directed calculation and payment of pension from February 2013 to the date of death and continuation of family pension thereafter, and awarded costs to the petitioner.

Issues considered

  • Whether a daily‑wage employee who served more than ten years is entitled to pension and family pension under Rule 59 of the Bihar Pension Rules.
  • Whether retrospective regularisation of service is permissible after superannuation.
  • Whether the Full Bench decision in Mobina Khatoon (2019) applies to daily‑wage employees.
  • Whether the order dated 17‑May‑2022 rejecting the claim is legally valid.
  • Whether the petitioner is entitled to post‑retirement benefits and compensation.

Legislation cited

Subjects

  • regularisation
  • daily wage employee
  • pension
  • family pension
  • Bihar Pension Rules
  • post‑retirement benefits
  • retroactive regularisation
  • civil writ jurisdiction
  • larger bench
  • equity

Judgment

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.9735 of 2022
             ======================================================
             Satyabhama Devi wife of Late Narendra Prasad Singh, resident of Village-
             Pacharah, P.O.- Pacharah, P.S.- Hisua, District- Nawada. ... ... Petitioner/s
                                                 Versus
       1.     The State of Bihar through the Secretary, Department of Water Resources,
              Government of Bihar, Sinchai Bhawan, Patna.
       2.    The Under Secretary, Department of Water Resources, Government of Bihar,
             Sinchai Bhawan, Patna.
       3.    The Engineer-in- Chief, Department of Water Resources, Government of
             Bihar, Sinchai Bhawan, Patna.
       4.    The Chief Engineer, Department of Water Resources, Katari Hill Road
             Gaya, Bihar.
       5.    The Superintending Engineer, Water Ways Circle, Gaya.
       6.     The Executive Engineer, Tilaiya Canal Division, Wazirganj, Gaya.
                                                                      ... ... Respondent/s
             ======================================================
             Appearance :
             For the Petitioner/s   :      Mr.Mukul Sinha, Adv.
             For the Respondent/s   :      Mr.Anjani Kumar (AAG4)
                                           Mr. Sanjay Kumar, AC to AAG-4
             ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                             CAV ORDER/JUDGMENT

30-04-2026                 Heard Mr. Mukul Sinha, learned counsel for the

              petitioner and Mr. Sanjay Kumar, learned AC to AAG-4.

                           2. The present writ petition has been filed for the

              following relief(s):-

                                                           “ (a) For quashing the

                                           order     dt.     17.05.2022    passed    by

                                           secretary,          Water        Resources

                                           Department, (Respondent No. 1) and

                                           Communicated by Under Secretary

                                           (Respondent No. 2), Water Resources
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                                        Department, vide memo no. 786 dt.

                                        24.05.2022, by which the claim of

                                        husband employee of petitioner for

                                        post retrial benefits and also the

                                        family pension to the petitioner, after

                                        the death of her husband has also

                                        been rejected, on wholly wrong and

                                        illegal perception of law and facts.

                                                        (b) For issuance of an

                                        appropriate writ/order/direction to the

                                        respondents, to grant all the post

                                        retiral        benefits     to   the      husband

                                        -employee            with        effect        from

                                        31.01.2013,         on      which      date,    the

                                        husband          -employee       superannuated

                                        from service after attaining the age of

                                        60 years, and after putting in 31 years

                                        of uninterrupted service and also for

                                        grant of the family pension to the

                                        petitioner with effect from 30.04.2021,

                                        ie. after the death of her husband with

                                        all consequential benefits of revision
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                                        from time to time.

                                                       The relief is being sought

                                        for on the ground that the husband

                                        -employee of petitioner is entitled for

                                        pension under Rule 59 of the Bihar

                                        Pension Rule reiterated by a division

                                        Bench decision of this Hon'ble Court

                                        in    the case      of   Savarwati   Devi

                                        (reported in 2017 (3) PLJR 645 (H.C).

                                        So for as the decision of Full Bench in

                                        the case of Mobina Khatoon [reported

                                        in 2019 (1) PLJR 1015 (H.C)] is

                                        concerned, the same has extended the

                                        claim of pensionary benefits to work

                                        -charged employees also, without

                                        negating or interfering the right

                                        pension to daily wagers/temporary/

                                        ad-hoc employees, in any manner, who

                                        has worked for more than 10 years

                                        and are entitled for pension, as

                                        provided in Rule 59 of the Bihar

                                        Pension Rules.
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                                                       (c) For a direction to

                                        respondents for grant of adequate

                                        compensation, in view of litigating

                                        and      harassing      attitude    of   the

                                        Respondents for having pushed the

                                        husband -employee of petitioner for

                                        such a long drawn litigation (since

                                        2013), when the petitioner retired on

                                        31.01.2013, though the petitioner was

                                        entitled for same under Rule 59 of the

                                        Bihar Pension Rules, simplicitor and

                                        also the issue relating to entitlement of

                                        pension          of     ad-hoc/temporary

                                        employees/dally wagers, having been

                                        settled by successive decisions of this

                                        Hon'ble        Court,    (as       mentioned

                                        aforesaid), and also the direction for

                                        the same, was given by this Hon'ble

                                        Court vide under dated 06.03.2019 in

                                        LPA. No.- 177/2017, filed by husband

                                        -employee. Still the same has not been

                                        granted, till date, thrusting the present
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                                        litigation upon the petitioner which

                                        otherwise, could have been avoided.

                                                       (d) Any other relief//relief/s

                                        for which the petitioner is entitled in

                                        the facts and circumstances of the

                                        case.

                      3.     This case has a chequred history and before

         delving into the core issues for adjudication, it would be apt to

         give the details of the previous litigation history which are as

         follows:-

                                         “1. First Round: Seeking
                                Regularization and Pay Scale.
                                Case No: C.W.J.C. No. 6469 of 1998
                                             Issues      for    adjudication:    The
                                husband of the petitioner sought absorption
                                and appointment to a regular post under the
                                Water Resources Department.
                                             Disposed of vide order dated
                                12.10.1999:        The      Court    directed    the
                                respondents to consider the claim for
                                regularization. As an interim measure, it was
                                ordered that until regular appointment was
                                provided, the employee should be paid
                                wages at the lowest stage of the time scale of
                                pay for Class-IV posts with effect from
                                October 1999.
                                             2. Second Round: The "One-
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                                Time Measure" Direction
                                             Case No: C.W.J.C. No. 43 of 2005
                                Matter referred to Division Bench.
                                             Issues for adjudication: Pertaining
                                to the right to be regularized as a one-time
                                measure following the Uma Devi’s judgment
                                reported in [(2006) 4 SCC 1].
                                             Disposed of vide Order dated
                                30.11.2006, The Court directed the State to
                                constitute        a    committee   to   consider
                                regularization as a one-time measure for
                                those who had completed 10 years of
                                service.
                                                  3. Third Round: Challenging
                                the Rejection of Regularization.
                                Case No: C.W.J.C. No. 7144 of 2009
                                             Issues        for     adjudication:
                                Challenging the order dated 29.04.2009 by
                                which the 3-member committee rejected his
                                claim for regularization and directed his
                                disengagement.
                                             Vide order dated 30.06.2009: The
                                High Court stayed the operation of the
                                disengagement order. allowing the husband
                                of the petitioner to continue in service and
                                finally disposed of the matter on 04.03.2010
                                by constituting Hon’ble Justice Uday Sinha
                                Committee to address the issues and
                                adjudicate the same.
                                             Authority: Justice Uday Sinha
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                                Committee Proceedings initiated vide Misc.
                                Case No. 229/2010
                                             Issues for adjudication: Scrutiny
                                of daily wage employees for regular
                                absorption pursuant to Court directions was
                                done.
                                             Vide Order dated 20.07.2011: the
                                committee allowed continuation in service
                                pending final decision (with the rider that
                                "no equity will accrue") and disposed of the
                                Misc. Case No. 229/2010 and directed the
                                Chief Engineer to fill vacant regular posts
                                within six months, giving preference to daily
                                wagers.
                                             4.        Fourth     Round:     Seeking
                                Retrospective             Regularization         Post-
                                Retirement
                                Case No: C.W.J.C. No. 23218 of 2013
                                             Order Date: 01.12.2016
                                             Issues       for    adjudication: After
                                being disengaged on 31.01.2013 (Annexure-
                                9) upon superannuation, the husband of the
                                petitioner        sought        regularization   with
                                retrospective effect and post-retiral benefits.
                                             Order: The writ petition was
                                dismissed. The Court held that regularization
                                cannot be granted retrospectively after an
                                employee has already superannuated.
                                             5. Fifth Round: The Letters
                                Patent Appeal (LPA)
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                                             Case No: L.P.A. No. 177 of 2017
                                             Issues for adjudication: Appeal
                                against the dismissal of the claim for
                                regularization and pension.
                                             Vide Order dated 06.03.2019: The
                                Division Bench disposed of the appeal while
                                setting aside the order passed in CWJC No.
                                23218 of 2013, and directed the State to
                                examine the claim specifically in light of the
                                law settled by the Full Bench in the case of
                                Mobina Khatoon vs. State of Bihar reported
                                in 2019(1) PLJR 1015.
                                             Further contempt petition being
                                MJC No. 2575 of 2019 was disposed of vide
                                order dated 25.02.2020 with liberty to the
                                petitioner for filing writ petition or
                                             6. Sixth Round: Challenging the
                                Departmental Rejection
                                        Case No: C.W.J.C. No. 5015 of 2021
                                             Issues      for       adjudication:
                                Challenging the departmental rejection dated
                                03.10.2019 (Annexure-B), which claimed
                                Mobina Khatoon (Supra) did not apply to
                                daily wagers. (The husband of the petitioner
                                died on 03.04.2021 during pendency; the
                                petitioner was substituted).
                                             Vide Order dated 23.03.2022: The
                                Court permitted withdrawal of the writ with
                                liberty to file a fresh representation before
                                the Principal Secretary, who shall decide the
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                                claim by passing a reasoned order.
                                             7. Current Round: Challenging
                                the Final Rejection
                                             Case No: C.W.J.C. No. 9735 of
                                2022 (Present Case)
                                             Issues      for     adjudication:
                                Challenging the final rejection order dated
                                17.05.2022 (communicated via Memo No.
                                786 dated 24.05.2022).
                                             Relief Sought: Quashing of the
                                rejection and a direction to grant all post-
                                retiral benefits of the deceased husband and
                                family pension to the petitioner.”


                 ORAL/WRITTEN SUBMISSIONS OF THE PETITIONER


                      4.    Learned counsel on behalf of the petitioner

         submits that the husband of the petitioner was initially engaged

         as a daily wager on a Class IV post on 18.10.1982, under the

         Irrigation Department, now known as (Water Resources

         Department), under the orders of the Superintending Engineer,

         being the competent authority to make such engagement.

         Subsequently, the deceased employee was granted a regular pay

         scale of Class IV employee w.e.f. October 1999 under the orders

         of this Hon'ble Court, keeping the issues pending related to

         regularization. The deceased employee, thereafter, continued to
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         serve the department for almost 31 years of uninterrupted

         service until his superannuation on 31.01.2013. Thus, the status

         of the deceased employee was shifted to that of a temporary one

         and pursuant to the Government order issued at the level of the

         State Government, a direction was issued for initiation of

         regularization process of daily wagers, and the name of the

         deceased employee along with others were included in the list of

         workers serving since the date of entry/engagement, which was

         prepared by the Executive Engineer, Tilaiya Canal Division,

         Gaya, where the petitioner was initially engaged.


                      5. It is the case of the petitioner that the husband of

         the petitioner was initially engaged as a daily wager on a Class

         IV post on 18.10.1982 in the then Irrigation Department (now

         Water Resources Department) by the competent authority, the

         Superintending Engineer. Subsequently, the deceased employee

         was granted a regular pay scale of a Class IV employee w.e.f.

         October 1999 under the orders of this Hon'ble Court dated

         12.10.1999 passed in C.W.J.C. No. 6469/1998 (Annexure-2)

         pending regularization, followed by a government order. The

         deceased employee thereafter served for 31 years of

         uninterrupted service until his superannuation on 31.01.2013.

         The State Government vide Memo No. 914 dated 17.07.1990,
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         directed for initiation of the regularization process of daily

         wagers, and the deceased employee's name along with other

         similarly situated was included in the list of workers serving

         since 1982 sent by the Executive Engineer, Tilaiya Canal

         Division, Gaya. It is submitted that some of the daily-wagers

         were regularized but no such action was taken in respect of

         deceased-employee. When no action was taken for his

         regularization, the deceased-employee moved this Hon'ble

         Court in C.W.J.C. No. 6469/1998, which was disposed of on

         12.10.1999 (Annexure-2) with a direction to consider his case

         along with others for regularization “within six months” and to

         provide them with the minimum of the regular time scale of pay,

         attached to the post, which the deceased employee and others

         were holding. Hence, vide order no. 2639 dated July 12, 2020,

         the husband of the petitioner and others started getting regular

         pay scale. The Respondents withdrew the regular scale granted

         to all such employees including the petitioner’s husband, whose

         regularization was pending and consequently, the husband of the

         petitioner and as also the similarly situated persons being

         aggrieved with such action again moved before this Court by

         filing Writ Petition being CWJC No. 43 of 2005 and several

         other writ petitions were also filed by similarly situated affected
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         employees with an additional prayer to regularize the services of

         petitioner’s husband and others as directed earlier vide order

         dated 12.10.1999 in CWJC No. 6469 of 1998. The general order

         dated 31.08.2004, which was also challenged in a separate writ

         petition being CWJC No. 11820 of 2004 filed by one Rajendra

         Chaudhary         & Ors being similarly situated, were separately

         heard and vide order dated 21.02.2005, the Hon’ble Court was

         pleased to quash the order dated 31.08.2004 and accordingly the

         payment of minimum pay-scale got continued to be given w.e.f.

         October, 1999 till the date of the superannuation of the husband

         of the petitioner, namely, Narendra Prasad Singh.


                      6.    It is further submitted that the writ petition filed

         by the husband of this petitioner being CWJC No. 43 of 2005

         along with other writ petitions were referred to Division Bench

         and all those matters were heard analogously and the State

         Government was directed to constitute a Committee of three

         Secretaries of different works Department in order to see,

         whether the benefits of paragraph-53 as stipulated in Uma

         Devi’s case to provide one time measure for regularization, can

         be explored in the case of these persons and the Hon’ble

         Division Bench had also directed to maintain status-quo and

         accordingly, the petitioner’s husband and as also similarly
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         situated persons continued to receive the minimum pay-scale.


                      7. It has further been submitted that in compliance of

         the directions issued by the Hon’ble Division Bench, a

         Committee of three Secretaries were constituted and the cases of

         these persons were considered and a checklist was prepared but

         ignoring the factual material and on the basis of erroneous fact,

         the Committee recommended for removal from service to all the

         employees including the deceased husband of the petitioner.

         Accordingly, the decision of the three members Committee was

         executed by the Executive Engineer, Wazirganj, Gaya vide

         Memo No. 675 dated 29.04.2009, and the petitioner’s husband

         and as also other similarly situated persons were removed from

         their services.


                      8. The recommendation of the Committee and as also

         the consequential order passed became the subject matter of

         challenge before this Hon’ble Court in various other writ

         petitions being CWJC No. 7144 of 2009 and its analogous case

         and all these writ petitions were referred to the Hon’ble

         Division Bench. The Hon’ble Division Bench comprising the

         Hon’ble Chief Justice and Hon’ble Mr. Justice Ramesh Kumar

         Datta heard the writ petition being CWJC No. 7144 of 2009 and
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         its analogous case and with a view to regularization, appointed a

         Commission of Hon’ble Mr. Justice Uday Sinha, to scrutinize

         the appointment of all such employees and to see whether they

         can avail the benefits of regularization in terms of the decision

         rendered by the Hon’ble Apex Court in the case of Uma Devi

         reported in (2006) 4 SCC 1.


                      9. It is next submitted by the learned counsel for the

         petitioner that a one man Committee so constituted under the

         orders of Hon’ble Division Bench who was directed to verify

         the facts with reference to the records available with the

         department and for verifying the facts, the one man Committee

         instituted a Misc. Case no. 229 of 2010 and after verifying the

         records, summoned the Principal Secretary, Water Resources

         Department in person, who gave an undertaking that the steps

         will be taken to fill up the vacant post within a period of six

         months from 20.07.2011 and this petitioner on the date of

         passing of this order was very much in service and accordingly,

         the Miscellaneous case was disposed of, insofar the case of the

         petitioner’s husband and other similarly situated persons are

         concerned, with a direction to fill up the vacant posts in a

         regular manner within six months giving preference to all the

         existing employees, which would be evident from the order
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         dated 20.07.2011 passed by the one man Committee in Misc.

         Case No. 229/2010.


                      10. Learned counsel for the petitioner submits that the

         husband of the petitioner waited for regularization in service

         along with others in accordance with the undertaking given by

         the Respondents before the one man Committee but the

         Respondents did not take any steps for regularization despite

         representation having been made in this regard by the late

         husband of the petitioner and ultimately, the petitioner’s

         husband was made to superannuate on 31.01.2013.


                      11. The petitioner filed representation after his

         superannuation for grant of pension but the same was rejected

         on 06.04.2014, which became the subject matter of challenge in

         CWJC No. 23218 of 2013 and the same was dismissed by

         referring to the Rule 58 of Bihar Pension Rules and as also by

         holding that the retrospective regularization of daily wager

         cannot be directed and if the petitioner’s husband has remained

         as a daily wager, the consequence is that he will not be governed

         under the Bihar Pension Rules. The judgment rendered by the

         learned Single Judge became the subject matter of challenge in

         LPA No. 177 of 2017 and the Hon’ble Division Bench after
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         clubbing all such case along with other appeals of work-charge

         employees fixed the same for consideration and during course

         of the adjudication on specific objections being taken by them

         with regard to the full Bench Judgment rendered in the case of

         Durga Nand Jha [reported in 2007 (4) PLJR 259] and

         Bhagwan Singh [reported in 2014(4) PLJR 229],              which

         having not considered the import and implication of Rule 59 of

         Bihar Pension Rules and even the earlier Division Benches,

         which also rejected the similar claim have not considered the

         import of Rule 59 of Bihar Pension Rules and subsequent

         declaration made by the State Government vide various Memos

         like Memo dated 12.08.1969 holding that the Full Bench

         judgment does not lay down the correct principles and upon

         being faced with such situation, the Hon’ble Division Bench

         referred the matter to the Hon’ble Full Bench for reconciling the

         issues in question and as also for laying down the correct legal

         proposition in reference to Rule 58 and as also Rule 59 of Bihar

         Pension Rules. On reference having been made by the Hon’ble

         Division Bench, the matter was placed before the Hon’ble Full

         Bench and the Hon’ble Full Bench, so constituted heard the

         reference on 20.09.2018 and the following observations were

         made:-
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                                             “4. At this stage, learned counsel
                                appearing on behalf of the State has
                                submitted that the decision of the Division
                                Bench in the case of Saraswati Devi (supra)
                                is in conflict with the subsequent decision of
                                the Division Bench in the case of State of
                                Bihar and Ors. Vs. Bimli Devi, dated
                                24.11.2015 in Letters Patent Appeal No.
                                1566 of 2015.

                                             5. As and when these Appeals are
                                taken up for further hearing before the
                                Division Bench, it will be open for the State
                                to make submissions on the above and if the
                                Division Bench is of the opinion that there is
                                conflict in Division Bench decisions, namely,
                                in the case of Saraswati Devi (supra) and in
                                the case of Bimli Devi (supra), in that case,
                                the Division Bench may refer the matter to
                                the Full Bench after having noted that there
                                is conflict in two Division Bench decisions.

                                             6. In view of the above and for the
                                reasons stated above, as observed above, as
                                there is no conflict between the decision of
                                the Division Bench in the case of Saraswati
                                Devi (supra) and the decisions of the Full
                                Bench the case of Durganand Jha and Ors.
                                (supra) and in the case of Bhagwan Singh
                                (since dead) (supra), for which the matters
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                                are referred to the Full Bench, we are of the
                                opinion that the reference itself is bad and
                                the matters are required to be returned to the
                                Division      Bench    and,   accordingly,   are
                                returned to the Division Bench/sent back to
                                the Division Bench to consider the Appeals
                                in accordance with law on merits and the
                                Division Bench before whom the matters are
                                listed may also consider whether there is a
                                conflict between the two decisions of the
                                Division Bench, one in the case of Saraswati
                                Devi (supra); and another in the case of
                                Bimli Devi (supra) and if the Division Bench
                                is of the opinion that there is conflict
                                between the same, the Division Bench
                                can/may refer the matter to the Full Bench.

                                             7. Now, all these present Appeals,

                                in view of the above, to be placed before the

                                Division Bench taking up such matters.”


                      12.    After the reference in question was adjudicated

         by the Hon’ble Full Bench, the matters were remitted back to

         the Hon’ble Division Bench for considering the respective

         appeals including the one filed by this petitioner being LPA No.

         177 of 2017 on merit and upon consideration, the following

         orders were passed on 06.03.2019 in LPA No. 969 of 2015 and
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         its analogous cases:-


                                             “Each     of     these    intra-Court
                                appeals filed under Clause-X of the Letters
                                Patent of the High Court of Judicature at
                                Patna arise from the judgment and order of
                                a    learned      Single    Judge,    whereby   in
                                consideration of the claim made by the work
                                charge employee and/or his dependent either
                                the claim has been upheld or has been
                                rejected.

                                             To be specific, while L.P.A. No.
                                435/2017 is an Appeal filed by the
                                Respondent State feeling aggrieved by the
                                acceptance of the claim by a learned Single
                                Judge of this Court for pensionary benefit to
                                a work charge employee/dependent, in so far
                                as other appeals are concerned, since the
                                claim towards the pensionary benefit has
                                been rejected that they are before this Court.

                                             The matter was heard and kept
                                pending because the issue, whether or not, a
                                work charge employee and/or his dependent
                                is entitled to pensionary benefit was pending
                                consideration before a Full Bench of this
                                Court in LPA No. 166/2018 (Mobina
                                Khatoon versus the State of Bihar & Ors.)
                                and LPA No. 289/2018 (State of Bihar &
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                                Ors. Versus Soniya Devi & Anr.).

                                             The judgment of the Full Bench
                                has since been delivered and is reported in
                                2019 (2) BLJ 9 and since these matters were
                                directed to be posted on disposal of the Full
                                Bench matter, that these matters were listed
                                yesterday and when Mr. Siyaram Pandey.
                                learned Counsel appearing for the appellant
                                in LPA No. 1406/2016 produced a copy of
                                the Finance Department, Government of
                                Bihar to submit that steps have been taken
                                towards the compliance of opinion of the
                                Full Bench.

                                             Since     Mr.   Dhirendra   Kumar,
                                learned AC to AAG 6 expressed reservation
                                on the action taken as well to examine the
                                judgment of the Full Bench that the matter is
                                posted today and when Mr. Dhirendra
                                Kumar, learned AC to AAG 6 admits to the
                                steps taken by the Government of Bihar in
                                the light of the opinion expressed by the Full
                                Bench on the issue raised and contested. For
                                the sake of convenience we are persuaded to
                                reproduce the relief prayed by the appellants
                                in their respective writ petitions and which
                                reads under:

                                             ………...”Re: L.P.A.No. 177/2017
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                                arising from C.W.JC. No. 23218/2013. The
                                appellant-petitioner has prayed for the
                                following relief:

                                             (1) For an appropriate direction
                                to the Respondents to fill up the sanctioned
                                vacant      posts      in    accordance     with   the
                                undertaking given by Principal Secretary,
                                Water Resources Department on 20.07.2011
                                before Hon'ble Mr. Justice Uday Sinha
                                Commission within six months which will
                                have natural effect of regularization of
                                petitioners services as unskilled labour in
                                the Water Resources Department with effect
                                from      1982,        against     which    petitioner,
                                alongwith others had been working since
                                1982 till his normal date of superannuation
                                from service, on 31.01.2013, on attaining the
                                age of 60 years.

                                             (ii) An appropriate direction for
                                payment of post retiral benefits to the
                                petitioner, in as much as the order dt.
                                30.01.2013 relieving the petitioner from
                                engagement also states that he is being
                                relieved in pursuance of attaining his age of
                                superannuation of 60 years, which is akin in
                                treating him as a regular employee.”

                                             ……..           “The   Full    Bench    on
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                                examination of the judgments passed on the
                                issue by this Court from time to time, has
                                finally concluded at Paragraph-70 in the
                                following terms:

                                             "70. For the aforesaid reasons, we
                                deem it necessary and lawful to hold and
                                declare the following that till the time,
                                appropriate rules in this regard is framed by
                                the Government-

                                             (i) That a work-charged employee
                                who has completed ten (10) or more years of
                                continuous service against one post in the
                                work-charged establishment will be paid
                                pension and his family, in case of death of
                                such workcharged employee, would be paid
                                the family pension.

                                             (ii) The work-charged employees
                                who have received regular scale of pay for
                                ten (10) or more years on their retirement
                                and after their death, their heirs and
                                dependants would be entitled to claim death
                                cum retiral benefits.

                                             (iii) However, the dependants of a
                                work-charged           employee    would   not   be
                                entitled      to       claim      appointment    on
                                compassionate ground in the absence of any
                                scheme framed by the Government for such
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                                work-charged establishment."

                                             Since the State respondents had
                                rejected the claim of the writ petitioners in
                                view of the legal position that was prevailing
                                at the relevant time and which decision of
                                the State also has been affirmed by the
                                learned      Single     Judge    in    the    opinion
                                expressed except for the writ petitioner who
                                are respondents in L.P.A.No. 435/2017, we
                                are of the view that the issue raised by the
                                work      charge       employees       and/or     their
                                dependents requires to be addressed upon by
                                the concerned respondents afresh in the light
                                of the opinion of the Full Bench expressed in
                                the case of Mobina Khatoon (supra) and for
                                passing        appropriate       orders       towards
                                admissibility/         inadmissibility       of    the
                                pensionary benefits to these appellants-
                                petitioners.

                                             We        would    thus     direct    the
                                concerned authorities in the respondent
                                Department in each of the appeals/ writ
                                petitions, to examine the claim of the
                                appellants- petitioners except the writ
                                petitioner in L.P.A.No. 435/2017 and pass
                                appropriate orders bearing in mind the Full
                                Bench expression found at Paragraph-70 of
                                the judgment and which decision be taken
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                                within a period of six weeks from the receipt/
                                production of a copy of this order.

                                             In so far as L.P.A.No. 435/2017 is
                                concerned, it has to yield to the opinion of
                                the Full Bench and is accordingly dismissed.

                                             In result, the judgment and order
                                passed by the learned Single Judge in
                                C.W.J.C.No.            130/2014,      C.W.J.C.No.
                                17988/2015,            C.W.J.C.No.    6174/2015,
                                C.W.J.C.No. 23218/2013 and C.W.J.C.No.
                                12986/2015, which are subject matter of
                                L.P.A.No. 969/2015, L.P.A.No. 30/2018,
                                L.P.A.No. 1406/2016. L.P.A.No. 177/2017
                                and L.P.A.No. 1736/2017, are set aside.
                                Consequently, the writ petitions are disposed
                                of in terms of the directions stipulated above.
                                While L.P.A.No. 435/2017 is dismissed, the
                                rest of the appeals are allowed in terms of
                                the judgment of the Full Bench rendered in
                                the case of Mobina Khatoon (supra) and
                                with the direction present therein.

                                             No order as to costs.”

                      13. From the judgment rendered by the Hon’ble

         Division Bench, in the aforesaid LPA No. 177 of 2017 filed by

         this petitioner, vide order dated 06.03.2019, it is quite evident

         that the judgment of the learned Single Judge passed in the case
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         of petitioner’s husband in CWJC No. 23218 of 2013 was set

         aside and consequently, the case of the petitioner was referred to

         have been considered in terms of the judgment of the Hon’ble

         Full Bench expression found at Paragraph-70 of the Judgment

         rendered in the case of (Mobina Khatoon) (supra) but the

         Respondents sat tight over the matter and, accordingly, for

         enforcement of the order passed in LPA No. 177 of 2017 being

         MJC No. 2575 of 2019 which was withdrawn in view of stand

         taken by the State with a plea to file review seeking adjudication

         of his rights in accordance with law and accordingly, the

         contempt petition was disposed of.


                      14. It is next submitted that the petitioner filed a writ

         petition being CWJC No. 5015 of 2021 for enforcement of his

         right and the said writ application was disposed of with a

         direction to file representation before the Principal Secretary,

         Water Resource Department, who shall pass a reasoned order in

         the said case.


                      15. It is next submitted that without considering the

         case of this petitioner in its true perspective and as also the

         concern shown by the Full Bench, which emanates from the

         observation made in the Full Bench judgment rendered in
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         (Mobina Khatoon) (supra) the claim of this petitioner has been

         rejected, which is a subject matter of challenge in the present

         writ petition.


                      16. Learned counsel for the petitioner for assailing

         the impugned order forming part of the present writ petition,

         submits that the Hon’ble Full Bench judgment rendered in the

         case of (Mobina Khatoon) (supra) considered the entire gamut

         of grant of pension of temporary/ ad hoc/daily wager and other

         category of employees including the employees of work-charge

         establishment nonetheless relying upon the decision in the case

         of Sarswati Devi (supra), the Full Bench placed the case of

         work-charge employees at par with temporary/adhoc employees

         who have worked for 10 continuous years or more. The full

         Bench Judgment dated 04.02.2019 held that all categories of

         employees who have worked for more than 10 years are entitled

         to grant of pension and in view of the judgment rendered by the

         Hon’ble Division Bench in the case of petitioner’s husband in

         LPA No. 177/2017 along with other analogous appeals, the

         Respondents were to examine the claim on individual facts, but

         the reason assigned in the impugned order was that the decision

         of the Full Bench rendered in the case of Mobina Khatoon

         relates to work-charge establishment and, this petitioner is not
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         entitled to grant of pension, which is fallacious.


                      17.     The learned counsel further mentions that the

         case of the deceased-employee stands solely on the basis of

         Rule 59 of the Bihar Pension Rules fortifies with the Division

         Bench judgment of this Hon’ble Court in the case of Sarswati

         Devi and even without the aid of any other materials, the

         contempt application being MJC No. 2575 of 2019 filed at their

         end was disposed of on 25.02.2020 and                subsequent writ

         petition, which came to be filed, during the pendency of the

         same, the husband of this petitioner, unfortunately, passed away

         on 03.04.2021 and this petitioner being the widow-wife was

         substituted in his place and vide order dated 23.03.2022, the writ

         petition was disposed of with a liberty to file a detailed

         representation to Secretary, Water Resource Department and

         specific direction was given to dispose of the representation of

         this petitioner strictly in terms of the direction issued in LPA

         No. 177 of 2017. The petitioner submitted a comprehensive

         representation on 12.04.2022 (Annexure-17) detailing the facts

         and the applicable laws laid down in Rule 59 of the Bihar

         Pension Rules as well as the direction of the Hon’ble Court.


                      18. However,          by    the impugned   order   dated
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         17.05.2022       communicated         vide    Memo   No.   786   dated

         24.05.2022 (Annexure-1), the Respondent-Secretary rejected the

         claim of the petitioner for post-retiral benefits holding that the

         Full Bench decision in Mobina Khantoon (supra) applies only

         to work-charged employees and hence, such benefits cannot be

         given in this case. However, the impugned order (Annexure-1)

         did not consider that this Hon’ble Court has already held in the

         case of Bhagwan Singh (supra) is not in conflict with the

         decision of the case of Sarswati Devi (Supra), the impugned

         order also did not consider that the husband of Sarswati Devi

         was also a daily wager and further, the deceased employee had

         already earned 31 years of uninterrupted service, and therefore,

         the petitioner who is widow of the deceased employee is entitled

         to the benefits of family pension under the provisions of Bihar

         Pension Rules.


                      19. Learned counsel for the petitioner has also relied

         upon a judgment of the Hon’ble Apex Court as rendered in the

         case of Yashwant Hari Katakkar v. Union of India And Others

         (1996) 7 SCC 113 which is reproduced as under:-


                                             “………….3. Dr Anand Prakash,
                                learned Senior Advocate appearing for the
                                Union of India, has contended that on 7-3-
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                                1980 when the appellant was prematurely
                                retired he had put in 18 1/2 years of quasi-
                                permanent service. According to him, to
                                earn pension it was necessary to have a
                                minimum of 10 years of permanent service.
                                It is contended that since the total service of
                                the appellant was       in quasi-permanent
                                capacity he was not entitled to the
                                pensionary benefit. There is nothing on the
                                record to show as to why the appellant was
                                not made permanent even when he had
                                served the Government for 18 1/2 years. It
                                would be travesty of justice if the appellant
                                is denied the pensionary benefits simply on
                                the ground that he was not a permanent
                                employee of the Government. The appellant
                                having served the Government for almost
                                two decades it would be unfair to treat him
                                as temporary/quasi-permanent. Keeping in
                                view the facts and circumstances of thiscase
                                we hold that the appellant shall be deemed
                                to have become permanent after he served
                                the Government for such a long period. The
                                services of the appellant shall be treated to
                                be in permanent capacity and he shall be
                                entitled to the pensionary benefits. We allow
                                the appeal, set aside the judgment of the
                                Tribunal and direct the respondents to treat
                                the appellant as having been retired from
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                                service on 7-3-1980 after serving the
                                Government for 18 1/2 years (more than 10
                                years of permanent service) and as such his
                                case for grant of pension be finalised within
                                six months from the receipt of this order. The
                                appellant shall be entitled to all the arrears
                                of pension from the date of retirement. No
                                costs.

                   ORAL/WRITTEN SUBMISSIONS ON BEHALF OF THE
         RESPONDENT -STATE


                       20. Learned Counsel on behalf of the Respondents

         No. 2 to 6 submits that the deceased husband of the petitioner,

         namely Narendra Prasad Singh, was initially engaged as a

         Chowkidar in the year 1982 purely on a daily wage basis.

         Following a writ application filed by several daily wages

         employees       in 1998         seeking       absorption /   appointment/

         regularization, the Hon'ble Court passed an order dated

         12.10.1999 in C.W.J.C. No. 6469 of 1998 (Annexure-2),

         directing the authorities to consider their claims and, as an

         interim measure, to pay them the lowest stage of the regular

         time scale of pay from October 1999 until a regular appointment

         was made. In compliance, the Chief Engineer, Water Resources

         Department, Patna, issued Memo No. 2639 dated 12.07.2000,

         granting the deceased the minimum scale of pay. The claim for
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         regularization of service of the husband of the petitioner and

         others was eventually rejected on 29.04.2009, and although the

         disengagement was stayed by the Hon’ble Court on 30.06.2009

         in C.W.J.C. No. 7144 of 2009 (Annexure-6), a subsequent one-

         man committee headed by Hon’ble Mr. Justice Uday Sinha

         (Retd.) and order for continuation in service was directed vide

         order dated 04.03.2010 (Annexure-7) with the explicit rider that

         no equity will accrue to such persons.


                    21. It is further submitted by the Learned Counsel that

         while the committee on 20.07.2011 (Annexure-8) directed the

         filling of vacant sanctioned posts in regular manner within six

         months by giving preference to employees working on daily

         wages. In pursuance of the said direction, the process for

         absorption was started and on the basis of the recommendation

         of the Selection Committee, chaired by the District Magistrate,

         Gaya, vide Letter No. 1884 dated 16.09.2013 (Annexure-10).

         Based on these recommendations, the Chief Engineer, Water

         Resources Department, Gaya recommended for appointment of

         daily wages employees in regular and permanent establishment

         by way of absorption vide office order contained in Memo No.

         2059 dated 17.12.2013. However, since, the petitioner’s

         husband      had     already     been     disengaged   on   31.01.2013
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         (Annexure-9) upon attaining the age of superannuation, he was

         not recommended by the selection committee for appointment.


                    22. The Learned Counsel on behalf of the Respondent

         submits that the husband of the petitioner approached this

         Hon'ble Court after his disengagement in the year 2013 and filed

         a writ application in C.W.J.C. No. 23218 of 2013 seeking

         direction to the respondents to regularize his daily wages service

         with retrospective effect and to make payment of post-

         retirement benefits as admissible to the regular and permanent

         employees of the State Government. The respondents filed

         counter affidavit in the aforesaid case denying the claim of the

         husband of the petitioner on the ground that he worked as a

         daily wages’ employee all along his service against non-

         sanctioned and non-vacant post since only one post of

         Chowkidar was sanctioned and vacant against which one Umesh

         Prasad Single had already been appointed on 01.12.1979. It was

         submitted that there is no provision for regularization of service

         of a daily wages’ employee with retrospective effect. The

         respondents further relied on the legal principles established in

         Shreeniwas Poddar vs. State of Bihar [2016 (2) PLJR 344]

         which hold that no order of retrospective regularization can be

         passed and similar view was taken in Mahesh Kumar vs. Union
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         of India [2016 (2) PLJR 334] holding that on attaining the age

         of superannuation, there cannot be a direction for regularization

         in service. Crucially, it was also submitted that there is no

         provision under the Bihar Pension Rules to reckon the daily

         wages service as pensionable service. As per Rule 58, service

         does not qualify unless the employment is substantive and

         permanent; Rule 60 of Bihar Pension Rules provides that the

         service of a government servant does not qualify for pension

         unless he is appointed and his duties and pay are regulated by

         the Government; and Rule 61 provides that service does not

         qualify unless government servant holds a post substantively on

         a permanent establishment. As such the daily wages service of

         the husband of the petitioner cannot be treated as a pensionable

         service. It was further submitted that the daily wages service

         cannot be termed as temporary service like the service rendered

         in the work charged establishment. This position is supported by

         the Full Bench judgment in State of Bihar vs. Bhagwan Singh

         [2014 (4) PLJR 229], wherein after considering the provisions

         prescribed under Rules 45, 56, 58 and 61 of Bihar Pension

         Rules, it was held that service as a daily wage Chowkidar, even

         if followed by absorption, does not qualify for pension as it is

         not service on a substantive post in a permanent establishment.
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         After due consideration of the aforesaid submissions, the

         Hon'ble Court was pleased to dismiss the writ application of the

         husband of the petitioner vide judgment dated 01.12.2016

         passed in CWJC No. 23218 of 2013 (Annexure-11 to the writ

         application) holding that in the light of the aforesaid view taken

         by this Court, it is not possible for the Court to pass an order in

         favour of the petitioner to grant him regularization from the date

         of his entry in service in the year 1982. Since, he has remained a

         daily wager throughout his service, the consequence is that he

         will not be governed under the Bihar Pension Rules. The

         husband of the petitioner further preferred letters patent appeal

         against the aforesaid judgment vide L.P.A. No. 177 of 2017

         which was heard along with L.P.A. No. 969 of 2015 and

         analogous cases and allowed by a common Judgment dated

         06.03.2019 (Annexure-14 to the writ application) with direction

         to the authorities of the concerned respondent department to

         examine the claim of the appellants-petitioners and pass

         appropriate orders bearing in mind the Full Bench expression

         found at Paragraph 70 of the judgment passed, in L.P.A. No. 166

         of 2018 (Mobina Khatoon v. The State of Bihar and others).


                     23.     Learned Counsel on behalf of the Respondents

         further submits that the petitioner’s reliance on the cases of
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         Mobina Khatoon [L.P.A. No. 166 of 2018] and Saraswati Devi

         [2017 (3) PLJR 645] is misplaced. Upon examination of the

         husband of the petitioner’s representation submitted before the

         Executive Engineer, Tilaiya Canal Division, Wazirganj on

         22.06.2020, it was determined that the directions in Mobina

         Khatoon(supra) apply exclusively to work-charged employees,

         who completed 10 years of service, whereas the petitioner's

         husband was all along a daily wager. As such the Executive

         Engineer forwarded the representation of the husband of the

         petitioner to the higher authorities vide Letter No. 368 dated

         24.06.2019 (Annexure-A) and subsequently legal opinion was

         sought from the Law Department, Bihar on the representation of

         the husband of the petitioner, the Law Department examined the

         claim of the husband of the petitioner in the light Full Bench

         judgment passed in L.P.A. No. 166 of 2018 (Mobina Khatoon

         vs. The State of Bihar and others). Thereafter, upon careful

         perusal of the aforesaid Judgment, the Department found that

         the husband of the petitioner was never in the work charge

         establishment rather was all along a daily wager and thus opined

         that if representation is to be considered in terms of the Full

         bench judgment that lays down law with respect to work charge

         establishment employee having worked for 10 years or more, this
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         case is not covered by the Full Bench decision of the Hon'ble

         High Court. In the light of the aforesaid opinion, the

         representation of the husband of the petitioner was rejected by

         the Department and communicated vide letter no. 1944 dated

         03.10.2019 (Annexure-B). The Learned Counsel further submits

         that judgment passed in Saraswati Devi's case as reported in

         2017 (3) PLJR 645 also pertains to payment of post-retirement

         benefits to the work-charge employees and not to the daily

         wagers and was also under consideration by the aforesaid Full

         Bench judgment passed in Mobina Khatoon's case. As such the

         said case is also of no help to the petitioner.

                     24.      Learned Counsel on behalf of the Respondents

         lastly submits that the husband of the petitioner assailed the

         aforesaid order dated 03.10.2019 by filing a writ application in

         this Hon'ble Court vide C.W.J.C No. 5015 of 2021.

         Unfortunately, he died during pendency of the writ application

         and the present petitioner was substituted in his place. The said

         writ application was disposed of as withdrawn vide order dated

         23.03.2022 (Annexure-16 to the writ application) with direction

         to the Principal Secretary, Water Resources Department to

         dispose of the representation of the petitioner by a reasoned

         order. In compliance of the aforesaid order, the Principal
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         Secretary,     Water      Resources       Department,   Patna,   Bihar,

         personally heard the petitioner on 17.05.2022, after due

         consideration in the light of the aforesaid judgments as well as

         the opinion of the Law Department, the claim of the petitioner

         was not found admissible and thus rejected the claim for

         pension and family pension vide the reasoned order in Memo

         No. 786 dated 24.05.2022 (Annexure-1). Lastly, the respondents

         maintains that this order is in accordance with law and does not

         suffer from any infirmity, hence, the said order does not warrant

         any interference.


                      25.      Learned Counsel for the State in the written

         submission submits that the deceased husband of the petitioner

         was a daily wage employee, who superannuated from service on

         31.01.2013 in that capacity, without his services ever being

         regularized. The State emphasizes that the deceased had

         previously approached this Hon’ble Court for regularization in

         C.W.J.C. No. 23218 of 2013, which was dismissed via an

         exhaustive order dated 01.12.2016 (Annexure-11). In that

         proceeding, the Court relied on Supreme Court precedents to

         hold that regularization cannot be granted with retrospective

         effect; consequently, the current writ is strictly limited to the

         widow’s claim for family pension. The State categorically
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         contends that the landmark Full Bench decision in Mobina

         Khatoon vs. State of Bihar [2019 (1) PLJR 1015] and the case

         of Saraswati Devi are inapplicable to the present matter. These

         judgments specifically pertain to "work-charged" employees,

         and the State maintains that the legal benefits and pensionary

         rights extended to the work-charged establishment cannot be

         extended to daily wagers. Since the deceased remained a daily

         wager until his retirement, his service does not meet the criteria for

         pensionable service under the Bihar Pension Rules.


                      26.      Furthermore, the State submits that the legal

         issue regarding daily wagers and pensionary benefits is

         currently a subject of conflict and should be referred to a Larger

         Bench. The State relies on the order dated 25.07.2025 passed in

         L.P.A. No. 657 of 2021 (Yugal Kishore Upadhyay vs. State of

         Bihar), where a similar matter was referred to a Larger Bench

         due to conflicting views between Registrar General, High

         Court vs. Ram Beyas Dubey (L.P.A. No. 198 of 2016) and State

         of Bihar vs. Bhagwan Singh [2014 (4) PLJR 229]. In the

         Bhagwan Singh case, it was explicitly held that periods spent on

         daily wages cannot be counted for pensionary benefits. In the

         alternative, the State argues that if the Court settles a new law in

         favour of the petitioner, the relief must be granted prospectively
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         rather than retrospectively. This alternative plea is based on the

         decision in Saraswati Devi vs. State of Bihar (C.W.J.C. No.

         21724 of 2012), where the Court held at paragraph 14 that since

         the liability to pay is being fixed upon the State for the first time

         and the law was previously unclear, the payment of family

         pension and gratuity should be prospective in nature. Therefore,

         the State maintains that the impugned order in Memo No. 786

         dated 24.05.2022 (Annexure-1) is legally sound and the

         petitioner is not entitled to the sought reliefs.


                                    CONSIDERATION


                      27. This Court has considered the submissions of the

         petitioner and as also that of learned counsel for the

         Respondents-State and finds that this case has a chequred

         history and the petitioner and as also her husband since the date

         of engagement of the deceased employee have continuously

         been coerced to knock the doors of the Hon’ble Court and the

         relief for which, he has has been fighting since the year 1999

         could not be achieved by the husband of the petitioner even

         while he was alive and his unadjudicated grievances of

         regularization is now being battled by his widow-wife, who is

         before this Court fighting litigation to find some ways to fetch
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         the source of livelihood and to lead a peaceful life after the

         death of her husband. It is a very sorry state of affairs where

         during the life-time of the deceased employee, the Hon’ble

         Division bench had interfered in the matter and constituted a

         Committee to get the issues resolved and one man Committee of

         Hon’ble Justice Uday Sinha (Retd.) was constituted, who heard

         this matter and after having examined the entire records, the

         Principal Secretary of Water Resource Department was also

         summoned and on the undertaking having been given by the

         head of the Department, all the matters related to Misc. Case no.

         229 of 2010, in which, the petitioner’s husband case was also

         considered, the Respondents were under a legal obligation to

         carry out the undertakings, which, in fact was carried out by

         them but such exercise could only be undertaken after this

         petitioner had superannuated and the direction which was issued

         uniformly in respect of the petitioner’s husband and as also in

         respect of the other similarly situated persons to regularize their

         services giving weightage of their past services, could not be

         carried out in respect of husband of this petitioner as per the

         State, on account of the fact that on the date of consideration,

         the deceased employee had superannuated.


                      28. When there was non-consideration of petitioner’s
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         husband case leading to non-grant of pensionary benefits

         became the subject matter of challenge, the authorities very

         intelligently took a plea before the learned Single Judge that

         retrospective regularization cannot be made in respect of the

         petitioner’s husband because he was a daily-wager and has

         already     superannuated        and     in   view   of   the   judicial

         pronouncement, the regularization after attaining the age of

         superannuation, cannot be made and consequently, the claim of

         the petitioner’s husband got rejected, which became the subject

         matter of challenge before the Hon’ble Division Bench and the

         Hon’ble Division Bench having interfered with the nature of

         order passed in the case of the petitioner’s husband, the

         authorities were required to have considered the case of the

         petitioner’s husband, keeping in row the fact that at some point,

         it becomes necessary to interpret the legal provisions for

         adjusting the equity, so as to mitigate the harshness of the law,

         by blending it with fairness and equity and while doing so, one

         has to remain very cognizant and conscious of the motive and

         philosophy of the provisions of pension by keeping the object in

         mind and the goal which is required to be achieved in deciding

         about the service being pensionable. These deep concerns find

         place in the judgment of the Hon’ble Full Bench rendered in the
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         case of (Mobina Khantoon) (supra) but for the reasons best

         known to the authorities, no such exercises are said to have been

         carried out in the case of this petitioner.


                      29.    It is in this background, the Hon’ble Full Bench

         (Mobina Khantoon) (supra) had decided the issues of the

         employees, who were either dead on the date of such

         consideration or had already expired even without completing

         their service tenure or had superannuated, so that, the employees

         in question or his family members, may not face financial

         distress, after the death of the sole bread-earner in the family

         and there is nobody to look after them in the evening of their

         lives. The authorities should have been very cognizant while

         rejecting the claim of this petitioner that in the State of Bihar not

         very large percentage of population has the source of livelihood,

         while the remaining population do not have any permanent

         means to fetch a source of livelihood. It is in this background,

         the petitioner’s husband had found a source of livelihood for his

         family and still for the reasons best known to the authorities the

         deceased employee had to consistently remained before this

         Court to secure the financial resource to feed his family all

         through his life.
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                      30.        The desire of every head of the family to

         protect its members with full financial support is a general

         phenomenon, which every citizen can legally hold such feel but

         in a situation where the petitioner’s husband and as also the

         widow-petitioner had to remain on the judicial platform for

         almost 28 years for finding a permanent financial stability, is a

         very worrying state of affair, for which the State authorities are

         required to bend for adjusting equity in terms of the judgment of

         Hon’ble Full Bench rendered in Mobina Khatoon (supra)

         wherein it has been observed as follows:-


                                             “Ab identitate rationis, it would
                                perforce be necessary for us to bend for
                                adjusting equity so as to mitigate the
                                harshness of the law by blending it with
                                fairness and equity. While doing so, we are
                                only remaining cognizant and conscious of
                                the motive and philosophy of the provision of
                                pension and are continuously keeping in
                                mind, the goal to be achieved in deciding
                                about a service being pensionable. The goal
                                is nothing, but a fortiori recognition of the
                                services rendered by an employee, so that in
                                the evening of his life, he does not have the
                                fall prey to scarcities and in case of his
                                death, his family may not be reduced to
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                                impecunious vagrancy.”

                      31.    From the close scrutiny of the factual aspect, it

         is quite evident that the directions issued by the Hon’ble

         Division Bench constituting one-man Committee to adjudicate

         the claim of the petitioner’s husband and other similarly situated

         persons, till date, has not been adjudicated despite undertaking

         having been given, while other similarly situated persons, who

         have already been regularized as against the post, on which they

         had been working since their initial date of engagement and was

         allowed minimum time pay-scale vide Annexure-2, and the

         order passed by the Hon’ble Division Bench, in the case of the

         petitioner’s husband having not been complied till today,

         obligates the authorities of the State to do complete justice at

         par with other similarly situated persons.


                      32. During course of consideration this court came

         across with a judgment rendered by the Hon’ble Division Bench

         in the case of Ashok Kumar Sharma v. State of Bihar & ors

         LPA No. 1690 of 2013 wherein similar issues had come up for

         consideration before the Hon’ble Division Bench in which the

         facts of the said case is similar to the facts of the present case

         and since the case of the petitioner has been rejected ignoring
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         the dictum of Hon’ble Division Bench rendered in the

         aforementioned case; it was imperative upon the state

         authorities to have acted in consonance with the judgment

         rendered on the subject in issues but having found failure on the

         part of the state authorities in adjudicating the issue at hand in

         terms of the aforementioned judgment, the matter was again

         placed under the heading “for orders” and the state authority

         were directed to take instructions with regard to aforementioned

         Division Bench Judgment and its application in deciding the

         case of this widow petitioner; but no assistance was provided by

         them in this regard, while it has not been disputed that the issues

         dealt in the aforesaid Division Bench Judgment is not similar to

         the present one.


                    33. The stand of the State, that there is no judgment

         which deals with the issues in respect of daily wagers, is wholly

         misplaced and while making such statements, the State

         authorities have miserably failed to justify their inaction in not

         considering the judgment rendered in Ashok Kumar Sharma

         (supra) and therefore, this Court is constrained to pass an order

         in respect of this petitioner as per the ratio laid down in the

         aforementioned case, whose case is also squarely covered by the

         said proposition of law, and the petitioner, who has been
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         struggling for all these thirty years along with her husband while

         he was in service and alive and since the claim of the petitioner

         has already been rejected as is apparent from the impugned

         order that Mobina Khatoon’s Judgment rendered by the Hon’ble

         Full Bench is not applicable in the case of this petitioner, while

         recording such findings in respect of this petitioner to reject the

         claim of the absorption and grant of pension, it seems that the

         authorities for reasons unexplained did not take note of the

         Hon’ble Division Bench Judgment, which in the opinion of this

         Court, is required to be addressed strictly in consonance with

         the parameters prescribed in the said judgment.


                          34. The relevant extract of the consideration and

         observation made in the said judgment rendered in the case of

         Ashok Kumar Sharma (supra) are quoted hereinbelow:-


                                “Having considered the matter, in our view,
                                learned counsel for the appellants is correct.
                                Considering the history of events up to 1990,
                                as noted above, what was considered for
                                regularization was a daily wager having
                                worked for more than 240 days simplicitor,
                                was the earlier State Government decision
                                and which had been extended pursuant to
                                trade union agreement. This was also in
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                                consonance with the resolution of the State
                                Government in the Personnel Department
                                dated 10.05.2005. which is a part of the
                                proceedings itself. This clearly shows that
                                right till the year 2005, State was only
                                contemplating regularization with restriction
                                that the said daily wager must have worked
                                for 240 days. There was a clear distinction
                                maintained when the 2006 resolution was
                                taken. There were two classes. First, where
                                the State Government was bound by the
                                trade union agreement in respect of daily
                                wagers up to 11.12.1990 and second those
                                who came thereafter. Therefore, there were
                                two      different     categorizations   in   this
                                resolution dated 16.03.2006. It is wrong to
                                say that there was conflict between the
                                Clause-1 of the said resolution and Clause-
                                3. The two contemplated two different
                                periods. The writ petitioners/appellants,
                                falling within the first period i.e. till
                                11.12.1990,       were    rightly   treated   and
                                regularized as per Annexure-6 to the writ
                                petition with effect from 22.12.2006. This
                                distinction was not brought out clearly
                                before the learned Single Judge because of
                                which the learned Single Judge applied
                                Clause-3 of this resolution, which applied to
                                only those people who had joined as daily
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                                wagers after 11.12.1990.

                                Having considered the matter, in our view,
                                the impugned order, being Annexure-7 to the
                                writ petition, recalling the regularization
                                order dated 22.12.2006 (Annexure-6 to the
                                writ petition), is set aside. The effect would
                                be that the three writ petitioners/appellants
                                would be deemed to be working duly
                                regularized vide Annexure-6 to the writ
                                petition. As their services are terminated by
                                Annexure-7 dated 02.01.2013 and have not
                                worked since then, upon their reinstatement,
                                they would be deemed as regularized
                                employees but they would not get any back
                                wages. They would be reinstated within two
                                months from today. They would also be
                                entitled to continuity in service.”

                       35. From the aforesaid judgment rendered by the

         Hon’ble Division Bench in the case of Ashok Kumar Sharma

         & Ors (supra), it is quite evident that the State Authorities had

         been engaging the persons on daily wage basis to carry out the

         works of the State in different departments. It is admitted

         position that petitioner’s husband was engaged in the year 1982

         and as per the Government’s resolution which is contained in

         Memo No. 5940 dated 18th June, 1993, the State Government
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         had taken a conscious decision to regularize the services of

         daily-wager employees, who were appointed prior to the cut-off

         date as 01.08.1985 and in the said resolution, it was clearly

         mentioned that after the cut-off date, non recruitment on daily

         wage was directed. Petitioner’s husband case is covered by the

         resolution dated 18th June, 1993, which subsequently was

         extended by considering the demand of Employees Trade

         Union, and two groups were classified. Since the case of this

         petitioner falls within the first classified group, wherein all such

         employees were directed to be considered who had worked for

         simplicitor 240 days prior to 01.08.1985.


         36. From the reasoned order as contained in Memo No. 786 dated

         24.05.2020, it is quite evident that the proposal for absorption of

         this petitioner along with others were sent by the authorities,

         where the husband of the petitioner was initially engaged, which

         evidently shows that the deceased employee had been working

         regularly against the sanctioned post and even proposal for

         absorption was made but for the reasons stated in the impugned

         order, it could not be carried out owing to his superannuation on

         the date of consideration and, therefore, this Court finds that since

         the petitioner’s husband had continuously been in service from the

         date of initial engagement, which fact has not been denied by
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         the authorities and accordingly, in the considered opinion of this

         Court, the case of this petitioner is squarely covered by the

         Government’s resolution dated 16th June, 1993 which was

         subsequently, modified by classifying a second group through

         resolution as contained in Resolution No. 639 dated 16.03.2006

         and since the case of the petitioner falls within the first category

         wherein the daily wagers were employed for only 240 days prior

         to 01.01.1985, their cases were required to have been considered

         for   regularization. While           the     petitioner’s   husband   has

         continuously been in service, since the date of his initial

         engagement, was on a better footing and even his case could

         have been considered in the second category as well, still for

         unexplained reasons, the petitioner’s husband case was not

         considered in consonance with the decision taken by the State

         Government dated 16.03.2006, for effecting the regularization

         in respect of the daily-wagers and, as such, the stand of the State

         that regularization cannot be made after superannuation, is a

         misplaced argument, which does not deserve any consideration

         and is fit to be rejected out-rightly.


                     Issues raised for ‘Reference to the Larger Bench’


                       37. Insofar as the issues raised before this Court to
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         refer the matter to a Larger Bench in view of the order dated

         25.07.2025 passed in LPA No. 657 of 2021 is concerned, since

         this Court has not relied upon any of the judgments forming part

         of the conflicted issues, therefore, the issues that have been

         raised before this Court would be decided in appropriate

         proceeding and the case of this petitioner as per dictum is

         squarely concerned by the judgment of Ashok Kumar Sharma

         (supra), the adjudication of the claim is accordingly, being made

         to do justice as per the commitment of the State Government

         notified through Resolution dated 16.03.2006.


                   38. The State’s rejection of the petitioner’s claim based

         on the ground of superannuation is legally untenable, as it

         ignores the critical distinction drawn by the Hon’ble Division

         Bench between the two categories of daily-wagers which is

         established in the case of Ashok Kumar Sharma & ors (supra)

         and since the deceased employee, Narendra Prasad Singh, was

         appointed on 18.10.1982, who belonged to the protected

         Category 1 (per-11.12.1990), whose right to regularization

         under Resolution No. 639 dated 16.03.2006 vested upon the

         completion of 240 days of service, which was passed decades

         before his retirement on 31.01.2013. The status was, his service

         was also directed for regularization by the directions of Hon'ble
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         Justice Mukhopadhaya in CWJC No. 6469 of 1998, which

         mandated the grant of a pay of minimum time scale of pay,

         effectively transitioning him from a "pure" daily wager to a

         temporary employee with a recognized pay scale. Consequently,

         the State’s delay in issuing the formal regularization order until

         16.09.2013 constitutes administrative laches and the State

         cannot benefit from its own inaction, to deny pensionary

         benefits to an employee, who was fully eligible and "fit to be

         regularized" in Category-1 long before his superannuation as per

         the Resolution of the State Government, which has been

         implemented in the case of similarly situated persons.


                   39.     The judgment rendered by the Hon’ble Division

         Bench is of the year 2015, which is said to have been passed in

         LPA No. 1690/2013, and squarely covers the case of the

         petitioner and the impugned order rejecting the claim of the

         petitioner has been passed after the said judgment, which has

         attained the finality and because of ignorance of the Govt.

         Resolutions issued in this behalf showing their non-application

         of mind and the authorities being unmindful of the Division

         Bench Judgment rendered on the subject in issue, the impugned

         order having been passed coercing the petitioner again to knock
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         the door of this Court, deserves to be dealt appropriately.


                      40. In view of the above, this Court is left with no
         option but to set aside the order impugned dated 17.05.2022 as
         contained in Memo No. 786 dated 24.05.2022 and considering
         the longstanding litigation having been fought by the deceased
         employee and as also this widow-petitioner, in the considered
         opinion of this Court, finding the case to be similar to that of
         Ashok Kumar Sharma (supra), it is held that the widow-
         petitioner is entitled to all pension and pensionary benefits
         including the family pension after the death of the deceased
         employee and as such, the petitioner’ husband who has served
         the concerned department of the State Government for more
         than three decades, the services of the deceased-employee is
         required to be treated as deemed regularized and the benefits of
         pension and all other pensionary benefits, which is applicable to
         the Government employee is required to be paid by calculating
         the same on the basis of last pay drawn, which deceased-
         employee continued to draw in the light of the order passed by
         the Co-ordinate Bench, till the date of his retirement.
         Accordingly, the authorities are directed to calculate pension
         from 01.02.2013 till the death of the deceased-employee on
         30.04.2021 and thereafter, the family pensions are appropriately,
         required to be calculated till the date of actual payment and
         further continuance of family pension would be granted as per
         the applicable law with appropriate revision of pension, within a
         period of six weeks from the date of receipt/production of a
         copy of this order.

                     41.     Besides the above, this Court in order to get the
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         issues resolved at the level of the authorities in the light of the

         Resolutions dated 16.03.2006, issued by the State Government

         for regularizing the services of the Daily-wagers, which issues

         have already been considered by the Hon’ble Division Bench in

         the case of Ashok Kumar Sharma (supra) and further taking

         cue from the said judgment, a Co-ordinate Bench has also been

         pleased to direct for regularization in the case of Anil Kumar

         Sharma & Ors v. State of Bihar & Ors (CWJC No. 1989 of

         2023), sought their indulgence but the State authorities did not

         show any inclination to resolve the issues as per the dictum of

         the Hon’ble Division Bench rendered in the case of Ashok

         Kumar Sharma (supra) and did not submit any response,

         instead they insisted for deciding the issues on the basis of

         submissions/pleadings made on their behalf, while the

         similarity, which appeared on record, having well been noticed

         by them, no effort was taken at their end to reconsider the issues

         rather their insistence for continuance of litigation, surely has

         persuaded the mind of this Court that the litigation policy, which

         the authorities have framed to resolve the identical issues in

         consonance with the settled law, are deliberately being ignored

         for the reasons best known to them.


                      42. Accordingly, this Court taking into account the
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                       callous approach of the authority in dealing with the issues at

                       hand and further noticing their non-application of mind towards

                       the purpose of framing the litigation policy by the State and

                       deliberately having chosen to continue with the litigation

                       outside its scope, has objectively persuaded this Court to award

                       cost of litigation to the tune of Rs. 50,000/- (Fifty thousand) in

                       favour of this widow petitioner, which shall be paid by the State

                       for not adhering to the policy having been put in place at their

                       end to minimize the litigation. The amount so directed towards

                       litigation cost shall be paid within the time framed above.


                                     43. The writ petition stands allowed.



                                                                     (Ajit Kumar, J)
Md. Perwez Alam

AFR/NAFR                AFR
CAV DATE                13.02.2026
Uploading Date          04.05.2026
Transmission Date


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