ANSUIYA RAJORIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner a widow of late Shri Kanhaiya Lal Rajoriya has approached this Court challenging the legality, validity and propriety of the impugned order dtd. 22/08/2013 (Annexure P-1) by which she has been denied the family pension as per Rules of Madhya Pradesh Sinchai Karyabharit Tatha Akasmikta Se Vetan Pane Wale Karamchariyon Ki Bharti Thatha Seva Sharten Niyam, 1977. These Rules came into force with effect from 01/01/1974. As per these Rules, an employee having completed 15 years of service as on 01/01/1974 or thereafter should acquire the status of permanent employee. Since, late Shri Kanhaiya Lal Rajoriya had died on 28/11/1978, therefore, he had not completed 15 years of service, hence, he had not acquired the status of permanent employee.

(2.) Learned counsel for the petitioner has tried to criticize the impugned order referring to the Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (hereinafter shall be referred to as the Rules, 1979) to contend that by virtue of amendment by way of proviso to Rules 2(c), the requirement of 15 years have been reduced to ten years on or after 1/1/1974. Therefore, the husband of the petitioner ought to have been considered to have completed ten years of service on 01/01/1974 entitling him the status of permanent employee and consequently, by force of Rule 4A, the petitioner is entitled for family pension.

(3.) Per contra, Shri G.K. Agarwal, Government Advocate for the respondentsState submits that the aforesaid arguments is misplaced. In fact, the Rules, 1979 came into force in the year 1979 i.e. much after the death of late Shri Kanhaiya Lal Rajoriya. That apart, the amendment by way of proviso to Rule 2 (c) of the Rules, 1979, defining permanent employee is dtd. 13/09/1982. Such amendment has no bearing in the instant case. As such, neither the Rule 1979 nor amendment was existence at the time of death of late Shri Kanhaiya Lal Rajoriya on 28/11/1978, therefore, there is no illegality in passing of the impugned order disentitling the petitioner the family pension.