Madhya Pradesh High Court
Premnarayan vs Public Works Department on 30 October, 2023
Author: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 30 th OF OCTOBER, 2023
WRIT PETITION No. 14348 of 2018
BETWEEN:-
PREMNARAYAN S/O SHRI NANDRAM, AGED ABOUT 70
YE A R S , OCCUPATION: RETIRED NEAR HANUMAN
TEMPLE, VILLAGE AND POST SHUJALPUR CITY, DISTT.
SHAJAPUR (MADHYA PRADESH)
.....PETITIONER
SHRI RAVINDRA PRAKASH JOSHI,ADVOCATE
AND
1. PUBLIC WORKS DEPARTMENT SECRETARY
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. EXECUTIVE ENGINEER PUBLIC WORKS
DEPARTM ENT DIVISION, SHAJAPUR (MADHYA
PRADESH)
3. DISTRICT TREASURY OFFICER
TREASURY,ACCOUNTS AND PENSION SHAJAPUR
(MADHYA PRADESH)
.....RESPONDENTS
SHRI MUKESH PARWAL GOVT. ADVOCATE
T h is petition coming on for order this day, t h e cou rt passed the
following:
ORDER
Counsel for petitioner submits that the issue involved in the present case
is squarely covered by an order passed by co-ordinate bench on 6.7.2023 in
WP No.6002/2019 and the present petition may be disposed off in the light of
the said judgment.
Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 30-10-2023
18:28:56
2. The petitioner in the present petition is seeking a direction for payment
of pension as per entitled under Madhya Pradesh (Work Charge and
Contingency Paid Employees) Pension Rules, 1979 as amended by notification
of Finance Department dated 13.9.1982 with effect from 1.4.1982.
3 . It is submitted that the petitioner has completed six years of service
and, therefore, he is entitled for pension. The petitioner was regularised with
effect from 1.1.2002 and attained the age of superannuation on 31.08.2010,
therefore, he had completed six years of service.
4. Counsel for respondents submits that the petitioner has not completed
minimum 10 years of service which is mandatory qualification for the pension.
5. The co-ordinate bench in the case of Shakur Khan Vs. State of MP
& Ors. in WP No.6002/2019 dated 6.7.2023 has considered the amended
Rules of 1979 and held as under:-
" 5. The State Government has amended the Rules of 1979
and period of 10 years has been reduced to 6 years,
therefore, now the petitioner has became eligible to get the
pension under the rules. The amended Rules of 1979 is
reproduced below:-
''(3) िकसी अस्थायी कमचारी के, िबना िकसी व्यवधान के, िकसी भी िनयिमत
पशन योग्य पद पर संिव लयन िकये जाने पर 1 जनवरी, 1974 से आगे क गई सेवा,
बशत िक ऐसी सेवा 6 वष से कम क न हो, पशन के लये िगनी जायेगी मानो िक ऐसी
सेा िकसी िनयिमत पद पर क गई हो।''
6 . In view of the above, the writ petition is allowed. The
petitioner shall be entitled for pension. Let entire exercise
of compliance of pension be completed within a period of
90 days from today. The benefit be given to the petitioner
forthwith thereafter."
6. In the light of the judgment passed by co-ordinate bench in the case
of Shakur Khan (supra), the present petition is also allowed. It is held that the
Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 30-10-2023
18:28:56
petitioner shall be entitled for pension. Let the entire exercise of compliance of
pension be completed within a period of 90 days from today thereafter the
benefits shall be given to the petitioner forthwith.
(SUBODH ABHYANKAR)
JUDGE
das
Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 30-10-2023
18:28:56
