LAWS(MPH)-2010-8-17

SHANTI DEVI Vs. STATE OF M P

Decided On August 06, 2010
SHANTI DEVI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This Petition has been preferred against inaction on the part of the Respondents in not disbursing Family Pension to the Petitioner, who happens to be a Widow of Constable (Hawaldar) Jagat Singh, who was working in National Security Force (NSF).

(2.) Shri Pawan Dwivedi, Learned Counsel appearing for Petitioner submits that Husband of the Petitioner had retired from Service and was getting Pension uptill Year 2004 when he died on Date 06/04/2004 but inspite of approaching the Respondents, on several occassion the Family Pension has yet not been paid to the Petitioner/Wife.

(3.) Ms. Nidhi Patankar, Learned Deputy Government Advocate appearing for Respondents/State submits that this Petition has been filed quite late and this Court has also got no territorial jurisdiction in the matter, in as much as, the Husband of the Petitioner was posted at Indore at the time when he retired and since at the time of examination of the Claim of the present Petitioner (Wife of the deceased employee), it was found that the record of the employee is not available with the Department, therefore, an intimation was sent to the Petitioner on Date 29/08/2008 that for want of relevant record, Family Pension could not be granted to the Petitioner. Ms. Patankar prays for dismissal of the Writ Petition on all aforesaid grounds.