STATE OF MADHYA PRADESH Vs. MOTILAL

JUDGEMENT

(1.) This judgment shall dispose of writ appeal filed on behalf of the State of M.P., aggrieved by the order dated 23-11-2004 passed by the learned Single Judge in W.P. No. 7660/2003 whereby the learned Single Judge allowed the writ petition filed by the respondent Motilal now deceased claiming pension. The learned Judge vide the impugned judgment has taken note of an amendment which was brought into force on 8-2-1980, reducing the eligibility for pension i.e. qualifying service of work charged employee only to 10 years as on 1-1-1974 or thereafter to be entitled to pension.

(2.) This writ petition came to be disposed of after the M.P. State Administrative Tribunal ceased to exist, even though the Original Application claiming the relief as claimed in the writ petition was filed before the State Administrative Tribunal registered vide O.A. No. 2241/2000.

(3.) It was the case of the respondent that the respondent was appointed as regular gardener on 1-5-1962 in PWD (B & R) Khargone. He retired on 31-5-1974 after reaching the age of superannuation at the age of 60 years. According to the him, he completed more than 10 years of qualifying service for pension. He also claimed that as per M.P. Gazette Notification dated 8-2-1980 (Annexure A-4) filed along with the application he became entitled to pension but he was not granted pension despite various correspondence exchanged by him. It was in these circumstances, he filed the application.