MOTILAL DHAR DWIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner is claiming counting of his past services as daily wagers from 1995 to 2011 for of computation of qualifying service for the purpose of grant of pension.

(2.) Reliance is placed on the decision of Coordinate Bench of this High Court in W.P. No.16878/2019 decided on 16/12/2010 wherein after quoting provisions contained in Rule 12(2) of the M.P. Civil Services (Pension) Rules, 1976, Coordinate Bench of this High Court directed to settle claim of the petitioner for grant of pensionary benefits and after considering the same in the light of the law laid down by Division Bench of this High Court in the case of The State of M.P. Vs. Smt. Ramrati Bai (W.A. No.682/2009 , directed to settle the claim of the petitioner within a period of three months from the date of receipt of certified copy of the order.

(3.) However, the fact of the matter is that Rule 3(p) of the Pension Rules, 1976 deals with qualifying service. It means the period between the date of joining pensionable service under the State Government and the retirement therefrom which shall be taken into account for the purpose of the pension and gratuity admissible under these rules and includes the period which qualifies under any other order or rule for the time being in force.