- (1.) PETITIONER is the widow of Late Sharat Singh, who was appointed as Barrier Operator on 15.4.1981. Vide letter No. 724 dated 13.6.1981, he was placed on work charge establishment. It is alleged that he was confirmed on 25.6.1993. He was placed in the regular pay scale on 18.10.2000 in terms of resolution No. 660 dated 8.2.1999 issued by the Finance Department. It is alleged that while he was posted under the Executive Engineer, National Highway Division, Biharsharif, he was denied salary for the month May, 1999 to October, 2000. Deceased -husband of the petitioner died on 5.11.2002. His pay scale was also revised earlier under Memo No. 849 dated 23.9.2002. A recommendation was made by respondent NO.4 to the Executive Engineer, National Highway Division, Road Construction Department, Biharsharif vide letter No. 1271 dated 13.12.2002 to pay arrears of salary of the deceased -work charged employee. Even the petitioner has made a representation on 12.5.2004. Having failed to receive any amount, she has filed this petition claiming arrears of salary for the period May, 1999 to October, 2000 and death -cum -retiral benefits including family pension with interest. 2005(3) JLJR 38. On consideration of the issue in its entirety, the Court held: "17. I, therefore, hold that: (i) 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, irrespective of their dates of appointment. But the work -charged employees, working on daily wages, not holding any post, are not so entitled. (ii) The dependants of work -charged employees are not entitled to claim appointment on compassionate ground and (iii) the work -charged employees working against a post, in regular scale of pay, on their retirement and after their death, their heirs/dependants are entitled to claim death -cum -retiral benefits, such as, pension/family pension, gratuity, leave encashment etc., apart from G.P.F. and Group Insurance amount, if otherwise fulfills the requisite qualifying period to earn pension, gratuity and leave encashment. "
(2.) IN view of the dictum of the aforesaid judgment, petitioner is entitled to the retiral benefits. This petition is accordingly allowed and direction is issued to the respondents to pay the post -retiral benefits including family pension to the petitioner, if otherwise found eligible and entitled to in accordance with the judgment referred to above. Unpaid salary of the petitioner be also released. All the retiral benefits including arrears of salary be paid to the petitioner within a period of three months alongwith statutory interest payable on gratuity and G.P.F. till the amount is actually paid and compensatory interest at the rate of 6% on other claims including unpaid salary.;