Smt.Kanta Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 4120 MP

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        IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                 WP No. 8087 of 2013
               (SMT.KANTA KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 24-03-2022
        Shri Gaurav Mishra, learned counsel for the petitioner.
        Shri Neelesh Singh Tomar, learned GA for respondent No.1/State.

Shri S.K. Sharma, learned counsel for respondent No.3. Petitioner and respondent No.3 are sister and brother and litigating for pensionary/post retiral benefit of their mother who was a Government servant. Petitioner placed reliance over the judgment of Apex Court in the matter of Shipra

Sengupta Vs. Mridul Sengupta and others, (2009) 10 SCC 680 to bring home the legal position that nomination does not confer any beneficial interest on nominee (private respondents herein) whereas respondent No.3 assert his claim on the basis of nomination in service role of their mother. He placed reliance on the order dated 20-08-2015 passed in Writ Petition No.7473/2014 (Saroj Jain Vs. State of M.P. and others) to contend that being nominee he is entitled to get monetary benefits of his mother who was a Government servant.

After arguing for a while, both the counsel prays for time to prepare the case more extensively and thereafter advance arguments.

I.R. to continue.

List in the month of April, 2022.

(ANAND PATHAK) JUDGE

Anil* ANIL KUMAR CHAURASIYA 2022.03.25 11:23:26

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