Hema Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 15224 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                         HON'BLE SHRI JUSTICE SUJOY PAUL
                                           ON THE 14 th OF SEPTEMBER, 2023
                                            WRIT PETITION No. 18302 of 2022

                          BETWEEN:-
                          HEMA SINGH W/O LATE SHRI RAVINDRA SINGH, AGED
                          ABOUT 41 YEARS, OCCUPATION: HOUSE WIFE BESIDE
                          MISHRA    ENTERPRISES    BHEDAGHAT     CHOWK
                          JABALPUR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI MUNENDRA SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                SECRETARY MINISTRY OF HOME AND AFFAIRS
                                VALLABH BHAWAN DISTRICT BHOAPL (MADHYA
                                PRADESH)

                          2.    DIVISIONAL JOINT DIRECTOR    TREASURY
                                ACCOUNT     AND     PENSION    BHOPAL
                                HOSHANGABAD BHOPAL (MADHYA PRADESH)

                          3.    DIRECTOR GENERAL OF POLICE BHOPAL CIRCLE
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          4.    DIRECTORATE OF POLICE B HOPAL DISTRICT
                                BHOPAL (MADHYA PRADESH)

                          5.    ASSISTANT POLICE INSPECTOR    GENERAL
                                POLICE   HEADQUARTERS DISTRICT BHOPAL
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI JUBIN PRASAD - PANEL LAWYER FOR THE STATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 9/15/2023 2:26:41 PM

Heard.

2. petitioner is widow of Late Shri Ravindra Singh and daughter of Shri D.S. Kushwaha filed this petition seeking direction to the respondents to grant pensionary benefits to the petitioner. On a repeated query from the Bench, learned counsel for the petitioner could not point out any enabling provision from Madhya Pradesh Civil Services (Pension) Rules, 1976 which makes the petitioner entitled at the age of 41 years from the benefit of family pension. Learned counsel for the petitioner placed reliance on a judgment of Punjab and Haryana High Court in the case of Raj Bala vs. State of Haryana and others (Annexure P/1). The said case was decided as per the Pension Rules

application therein and, therefore, cannot be pressed into service. A bare perusal of judgment of Raj Bala (supra) shows that the petitioner therein challenged the constitutionality of sub-rule (ii) of Rule 4 of the Family Pension Scheme, 1964. The said clause has nothing to do with the question involved in the instant case, therefore, the aforesaid judgment is of no assistance to the petitioner. The petitioner counsel despite repeated query could not point out any enabling provision from the Pension Rules which shows that petitioner is entitled to get family pension. Thus, interference is declined.

3. The Writ Petition is dismissed.

(SUJOY PAUL) JUDGE HK

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 9/15/2023 2:26:41 PM