PANNALAL Vs. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) Since the controversies in these writ appeals are identical in nature, therefore, with the joint request of the parties, these appeals are analogously heard and being decided by this common order. The appellants / writ petitioners have filed the present Writ Appeals under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 against the common order dtd. 6/8/2018 passed by the Writ Court, whereby all the writ petitions have been dismissed by denying the benefit of pension to the petitioners therein.

(2.) All the writ petitioners were appointed on the post of Gangman in the M.P. Public Works Department. After attaining the age of superannuation, they retired from the service from the post of Gangman. The date of appointment, date of retirement and period of service are as under:-

(3.) The writ petitioners approached the Writ Court claiming pension under the provisions of the Madhya Pradesh (Work Charged & Contingency Paid Employees) Pension Rules, 1979 (in short 'the Pension Rules of 1979') on the ground that under the definition of Rule 2(C), they had acquired the status of "permanent employee" after completion of 15 years of service. The Writ Court has dismissed all the writ petitions by placing reliance upon a judgment delivered by the Full Bench of this Court in the case of Mamta Shukla (Smt.) v/s The State of Madhya Pradesh & Others reported in 2011 (3) M.P.L.J. 210 . Hence, these writ appeals are filed before the Division Bench. Since there is a delay in filing these writ appeals, therefore, separate application has been filed seeking condonation of delay.