RAHISHA BEGUM Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order, annexure P-1 dated 6-8-2003. By the aforesaid order the petitioner has been denied the benefit of family pension and gratuity.

(2.) THE husband of the petitioner was appointed as Driver in May, 1980 on daily wage basis. His services were regularised vide order dated 31-12-1998 on the post of Driver in the work-charged and contingency paid establishment. He died on 5-3-2003. After the death of husband the petitioner submitted an application for grant of family pension and gratuity. Vide impugned order the respondents rejected the claim of the petitioner with regard to grant of family pension and also gratuity on the ground that her husband had not completed 5/10 years' of service for the purpose of pension and gratuity.

(3.) IN the return the respondents stated that the husband of the petitioner was initially engaged as daily rated employee in the year 1980. Vide order dated 31-12-1998 he was regularised in work charged establishment as driver and posted at Datia Sub-Division. He died on 5-3-2002. The husband of the petitioner completed regular service in the department only for three years and two months, hence the petitioner is not entitled family pension or gratuity.