IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4045 of 2008 MOST ASHA KUNWAR, wife of late Ram Prasad Kharwar, resident of Mohalla- V.I.P. Colony, Ward No. 2, Bhabhua, P.S.- Bhabhua Town, District- Kaimur (Bhabhua)…………Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Minor Irrigation Department, Govt. of Bihar, Patna. 3. Chief Engineer, Minor Irrigation Department, Patna. 4. Superintending Engineer, Minor Irrigation Circle, Sasaram, Rohtas. 5. Executive Engineer, Minor Irrigation Division, Bhabhua. … Respondents. ----------- 2. 04.05.2010 Heard counsel for the parties. The widow, petitioner has filed this writ petition for following reliefs:- “(i) To direct the respondents to make payment entire death-cum- retiral benefits to the petitioner i.e. Family Pension, Gratuity and Leave Encashment along with suitable interest as husband of the petitioner while working as Chaukidar in the Work Charged Establishment died in harness on 13.8.2007 though his service was required to be regularized in terms of Finance Department Resolution No. 5074 dated 20.9.1990, much earlier, but till death said order was not issued as such formal order to that effect is also required to be issued before finalizing the pensionary benefits. (ii) to direct the respondents to make payment General Provident Fund amount along with up-to-date Statutory interest and Litigation cost due to harassment and mental agony of the petitioner at the hands of respondents.” Mr. Satish Chandra Jha-3, learned counsel for 2 the petitioner would submit that though the husband of the petitioner died while working in Work Charged Establishment, he ought to have been regularized in terms of Circular of the department. Counsel for the State on the other hand has placed on record the payment already made to the petitioner on different heads of retirement benefit other than pension and gratuity which the husband of the petitioner was entitled in view of his being employed in work charge establishment and a clear stand has also been taken that as the services of the husband of the petitioner was never regularized, there would be no question of payment of his pension and gratuity in terms of Bihar Pension Rules. In view of the fact that the question would now be one of entitlement and would require adjudication as to whether husband of the petitioner could be regularized with retrospective effect, this Court would find it difficult to allow the prayer for grant of pension and gratuity made in this application which are governed by the provisions of Bihar Pension Rules and admissible only to a regular employee of the State Government. 3 That being so, the prayer made in this writ petition to the extent of grant of pension and gratuity by virtue of her being widow of a work charged establishment employee is wholly misconceived and is accordingly dismissed. However, it shall be open for the petitioner to claim her entitlement in accordance with law. Kanchan (Mihir Kumar Jha, J.)