MUNIYA SMT Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is a widow of the deceased employee of Municipal Council, Datia, who died in 1976, while he was still in service, and her claim for the grant of family pension has been refused by the respondents.

(2.) THE deceased had entered the municipal service before 1970 and had died on April 21, 1976. The reason assigned by respondents for refusing the claim of the petitioner is that since her deceased husband Bhaiyalal had opted not to take the benefit of pension, the petitioner was not entitled to any pensionary benefits.

(3.) THE provision of pension for the municipal employees was introduced under Madhya Pradesh Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (for short the 'rules 1968' ). The Rules were brought into operation in the State from April 1, 1970. The relevant provision in Clause (c) of Sub-rule (2) of Rule 23 may be reproduced with profit:--23. (1)Age of Superannuation-- (2) ** ** ** (a) ** ** ** (b) ** ** ** (c) the municipal employees in service on the date to be specified under proviso (a) above shall have an option of remaining to be governed by the, rules relating to Contributory Provident Fund, Gratuity and Pension applicable to them immediately before the said date and such option shall be exercised by them within a period of three months from the date of publication in Gazette, or before they retire from service, whichever is earlier. The option once exercised shall be final and if a municipal employee does not give his option within the prescribed period, the provision of this rule shall apply to him,"