STATE OF MADHYA PRADESH Vs. SANT KUMAR MISHRA

JUDGEMENT

(1.) This appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 11.04.2017 passed in Writ Petition No.21362/2015.

(2.) The issue raised in the petition, at the instance of the petitioner No.1, was as to counting of the service rendered on daily wages in the Work Charged Contingency Paid Establishment for pension on retirement after regularization in the Work Charged and Contingency Paid Establishment. Whereas the issue raised by the petitioner No.2 was grant of family pension.

(3.) Evidently, the Rules which governs the pension are Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979. Petitioner No.1 was initially appointed as Chowkidar on 14.02.1979 on Work Charged and Contingency Paid Establishment. He was regularized on 01.05.2013. And, retired on attaining the age of 62 years with effect from 31.08.2015. As to petitioner No.2 her husband was appointed as Chowkidar in Contingency establishment on 01.05.1984 and was regularized with effect from 01.05.2013. He died on 10.10.2013. The petitioner were denied pension/family pension on the ground that they did not have minimum qualifying service under Rule 6 of 1979 Rules.