RAMBHAU VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) Shri Pushpendra Singh Baghel, learned counsel for the petitioner. Shri Vivek Sharma, learned Panel Lawyer, for the respondent/State, Return having been filed, with the consent of the learned counsel for the parties the matter is heard finally.

(2.) The petitioner has filed this petition being aggrieved by order dated 25-5-2010 by which respondent No. 3. has considered and rejected the claim of the petitioner for grant of pension under the provisions of the M. P. (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (hereinafter referred to as the Pension Rules of 1979).

(3.) It is submitted by the learned counsel for the petitioner that the petitioner was initially engaged on muster roll and thereafter he became a Work Charged employee. It is submitted that in view of the circular of the State Government, Annexure P-1, dated 1-12-1997 the petitioner should have been given status of a permanent employee under the provisions of the M. P. Work Charged and Contingency Paid Employees Pension Rules, 1979 and the entire services rendered by him since his initial engagement in the establishment of the respondent from 1-10-1979 as a labour should be counted and pension should be given to him. The learned counsel for the petitioner has relied upon the decision of this Court rendered in the case of Shrikrishan Shrivastava vs. State of M. P., 2003 4 MPLJ 376, in support of his submission.