Chandrika Prasad Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 16526 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         WP No. 3535 of 2015
                                 (CHANDRIKA PRASAD MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 06-10-2023
                                Shri Ravendra Kumar Tiwari - Advocate for the petitioner.

                                Shri    Mohan     Sausarkar       -   Government     Advocate     for   the
                          respondents/State.

During the course of arguments, counsel for petitioner has submitted that in the light of Rule 6(3) of Madhya Pradesh (Work Charged and Contingency

Paid Employees) Pension Rules, 1979, incorporated by amendment introduced in the year 1996, period for pensionary services is 6 years and therefore, he is entitled for pension and rejection of his claim is bad and also relied upon the judgments passed in the case of Vishwanath Prasad Tiwari Vs. State of M.P. & Others decided on 15/03/2019 in Writ Petition No.9988/2017 (Principal Seat), Sayara Rahman Vs. Public Works Department and others decided on 09/12/2022 in Writ Petition No.12653/2019 (Indore Bench) and State of Madhya Pradesh Vs. Smt. Kalyani Tiwari decided on 25/ 02/2019 in W.A. No.821/2017 (Principal Seat).

It appears that another amendment has been published in official gazette (extraordinary) on 27/02/2023 which too has been made applicable from 30/01/1996. There is a substantive difference between the amendment which was incorporated in the year 1996 and the amendment which has been introduced in the year 2023.

So far as judgments relied upon by counsel for petitioner passed in the case of Vishwanath Prasad Tiwari (supra), Sayara Rahman (supra) and Smt. Kalyani Tiwari (supra) are concerned, they were passed prior to Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 06-Oct-23 5:38:12 PM

amendment introduced in the year 2023.

Accordingly, counsel for petitioner prays for and is granted a week's time to address on the question of effect of amendment in Rule 6(3) of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979, introduced in the year 2023.

List after a week.

(G.S. AHLUWALIA) JUDGE

shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 06-Oct-23 5:38:12 PM