MAMTA SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) On a reference by the learned Single Judge, Hon'ble the Chief Justice has constituted this Full Bench to answer the following reference :-

(2.) Before answering the reference, it would be appropriate to consider the facts which have resulted in making the present reference. Petitioner Mamta Shukla filed a petition before this Court in regard to grant of family pension on the basis of 19 years' qualifying service rendered by her husband late Rajkumar Shukla. The husband of the petitioner was engaged in the year 1981 on daily wages basis. He was regularized vide order dated 31-12-1996 on the post of Helper in work charged and contingency paid establishment in the pay-scale of Rs. 870-15-945. He was missing, hence a report of Gumsudgi was lodged at Police Station, Kotwali on 2-4-2000. Thereafter, the petitioner instituted a suit for declaration that the husband of the petitioner be declared dead as 'civil death' with effect from 2-4-2000. The Trial Court vide order dated 1st February, 2008 decreed the suit and declared the civil death of husband of the petitioner with effect from 2-4-2000.

(3.) The petitioner submitted an application for grant of family pension, that was turned down by the department. Hence, she filed a petition before the High Court claiming family pension on account of civil death of her husband in accordance with the provisions of Madhya Pradesh (Work Charged Contingency Paid Employees) Pension Rules, 1979 (hereinafter referred to as 'the Pension Rules of 1979'). She further claimed that she is entitled to receive pension after counting the total years of service of her husband, i.e., 19 years from the date of his initial engagement upto the date of declaration of his civil death, i.e., 2-4-2000.