LAXMI CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner had submitted an application on 30th March, 1988 for the award of Samman Nidhi under the provisions contained in Madhya Pradesh Swatantrata Sangram Sainik Samman Nidhi Niyam, 1972. The State Government had passed an order on 22nd July, 1994 on the aforesaid application granting to the petitioner an amount of Rs. 750/- per month as Samman Nidhi. The aforesaid order was to become effective from the date of the issue of the said order.

(2.) The grievance of the petitioner is that the order awarding him the Samman Nidhi should have been made effective from the date of the submission of the application for the purpose and not from the date of issue of the order.

(3.) The contesting respondents have opposed the writ petition and have filed a counter-affidavit/return denying the claim of the petitioner in regard to the entitlement to get the Samman Nidhi w.e.f. the date of filing of the application. In support of this submission the learned Government Advocate has placed reliance upon the amendment incorporated in the Rules of 1972, referred to hereinabove, which came into force, w.e.f. 8th of March, 1999 on which date it was published in the Gazette (Extraordinary). The aforesaid amendment was made retrospective and was to be deemed to have been in force w.e.f. the date of the commencement of the Rules of 1972. The amendment in the Rules which was made effective from 8th March, 1999 is to the following effect :-