Work-charge employees with more than 5 years of continuous service against one post have a right of consideration of their services in permanent (regular) establishment

High Court of Jharkhand: The Single Judge Bench comprising of S.N.Pathak, J., recently addressed a petition wherein the petitioner prayed for the payment of her deceased husband’s retiral benefits including gratuity and leave encashment, arising out of 23 years of service. The petitioner also prayed to the Court for directing the respondents to provide appointment to her son on compassionate grounds, owing to her husband’s death.

The petitioner had initially filed a petition for addressing her grievances which was disposed of by directing the initial respondents to make necessary payments to the petitioner. Despite the order, in the absence of the respondents complying with it, the petitioner filed another petition which was rejected by the respondents consequent to which the petitioner filed the present petition. Counsel for the petitioner argued that the respondents had not adhered to the Full Bench judgment of this Court in Ram Prasad Singh v. State of Jharkhand, 2005 SCC OnLine Jhar 553 despite the deceased being a work-charge employee and so being entitled to retiral benefits. The opposite party contended that since the deceased was not a regularized employee, he wouldn’t be given the retiral benefits, the wife contends she should be entitled to.

The Court held that the issue had been addressed in the case mentioned by the petitioner wherein it was held, “the work-charged employees, who have completed more than five years of continuous service against one post in the work-charged establishment and otherwise eligible, have a right of consideration of their cases for taking over their services in the permanent (regular) establishment” and “The dependents of work charged employees are not entitled to claim appointment on compassionate ground”.

Hence, the Court directed the respondents to pay the entire retiral benefits and quashed the plea for employment of the petitioner’s son on compassionate grounds. [Meera Devi v. State of Jharkhand, 2017 SCC OnLine Jhar 2690, order dated 18.8.2017]

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