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2022 DIGILAW 298 (MP)

ANSUIYA RAJORIYA v. STATE OF MADHYA PRADESH

2022-02-22

ROHIT ARYA

body2022
ORDER/JUDGMENT : – Shri Saurav Singh Tomar, learned counsel for the petitioner. Shri G. K. Agarwal, learned Government Advocate for the respondents-State. 2. Petitioner a widow of late Shri Kanhaiya Lal Rajoriya has approached this Court challenging the legality, validity and propriety of the impugned order dated 22-8-2013 (Annexure P-1) by which she has been denied the family pension as per Rules of Madhya Pradesh Sinchai Karyabharit Tatha Akasmikta Se Vetan Pane Wale Karamchariyon Ki Bharti Thatha Seva Sharten Niyam, 1977. These Rules came into force with effect from 1-1-1974. As per these Rules, an employee having completed 15 years of service as on 1-1-1974 or thereafter should acquire the status of permanent employee. Since, late Shri Kanhaiya Lal Rajoriya had died on 28-11-1978, therefore, he had not completed 15 years of service, hence, he had not acquired the status of permanent employee. 3. Learned counsel for the petitioner has tried to criticize the impugned order referring to the Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 (hereinafter shall be referred to as the Rules, 1979) to contend that by virtue of amendment by way of proviso to Rules 2(c), the requirement of 15 years have been reduced to ten years on or after 1 January, 1974. Therefore, the husband of the petitioner ought to have been considered to have completed ten years of service on 1-1-1974 entitling him the status of permanent employee and consequently, by force of Rule 4A, the petitioner is entitled for family pension. 4. Per contra, Shri G. K. Agarwal, Government Advocate for the respondents-State submits that the aforesaid arguments is misplaced. In fact, the Rules, 1979 came into force in the year 1979 i.e. much after the death of late Shri Kanhaiya Lal Rajoriya. That apart, the amendment by way of proviso to Rule 2(c) of the Rules, 1979, defining permanent employee is dated 13/09/1982. Such amendment has no bearing in the instant case. As such, neither the Rule 1979 nor amendment was existence at the time of death of late Shri Kanhaiya Lal Rajoriya on 28-11-1978, therefore, there is no illegality in passing of the impugned order disentitling the petitioner the family pension. 5. Upon hearing counsel for the parties, this Court finds substantial force in the submission of Government Advocate for the respondents-State. The reasons/justifications given in the impugned order are impeccable. 5. Upon hearing counsel for the parties, this Court finds substantial force in the submission of Government Advocate for the respondents-State. The reasons/justifications given in the impugned order are impeccable. Late Shri Kanhaiya Lal Rajoriya since served only for the period from 14/07/1966 to 28-11-1978 i.e. up to his death for 12 years four months. The requirement of 15 years of service as on 1 January, 1974 or thereafter since was not fulfilled, he did not acquire status of permanent employee under the Rules, 1977. Hence the question of payment of family pension does not arise. 6. The writ petition sans merit is hereby dismissed.