JANKI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) At the request of counsel for the parties, the matter is finally heard.

(2.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is claiming that her husband namely Pritam Vishwakarma, who was a daily wager working in the Water Resources Department, in view of the policy of the Government for regularizing the employees of any department considering the vacancies available even in some other department not a substantive department of the employee was regularized in the Forest Department, but the benefit of family pension is not being granted to her.

(3.) The Collector, Narsinghpur in pursuance of the said policy of the Government had passed an order on 11/9/1998 (Annexure-RJ/1) regularizing the services of the petitioner's husband in the Forest Department. The husband of the petitioner died in harness and after his death, the petitioner being the wife has claimed family pension but that claim has been rejected by the authority saying that the husband of the petitioner was a daily wager and, therefore, she cannot be granted family pension and as such, is not entitled for the same.