Madhya Pradesh High Court
Shambhu Lal vs Public Works Department on 1 April, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:8532
1 WP-17192-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 1 st OF APRIL, 2025
WRIT PETITION No. 17192 of 2024
SHAMBHU LAL
Versus
PUBLIC WORKS DEPARTMENT AND OTHERS
Appearance:
Shri Harish Joshi, counsel for the petitioner.
Shri Sudarshan Joshi, G.A. for State.
ORDER
The petitioner is aggrieved by non-payment of pension to the petitioner as per
entitlement under the M.P. Work Charged and Contingency Paid Employees Pension
Rules, 1979 as amended by notification of the Finance Department dated 13.09.1982
w.e.f. 1.4.1982 and in view of the order dated 5.08.2013 passed in Writ Appeal No.
179/2010.
The respondent in the reply has relied on the order passed by the Single Bench in
the case of Heeralal Vs. State (W.P. No. 1160/2015) and other connected writ petitions
decided on 6.08.2018.
Counsel for the petitioner submits that said judgment on which the respondents
have relied on vide Annx.R/1 has been set aside by the Division Bench in Writ Appeal
No. 827/2019 (Pannalal Vs. PWD and others) and other connected appeals. He prays
for disposal of this petition in view of the aforesaid order passed by the Division
Bench. The operative part of the aforesaid order reads as under :-
"12. Definitions 2(a) & (b) defines the 'contingency paid
employee and work-charged employee' and as per Definition
2(c), permanent employee means a contingency paid employee or
a work-charged employee who has completed 15 years of service
NEUTRAL CITATION NO. 2025:MPHC-IND:8532
2 WP-17192-2024
or more is entitled for pension under the Pension Rules, 1979.
Now the period of said 10 years is reduced to 06 years by way of
state amendment in the said Rules. Rule 6 defines
commencement of qualifying service, according to which for
calculating qualifying service of a permanent employee who
retires, the service rendered w.e.f. 01.01.1959 onwards shall be
counted. As per sub-rule (2) of Rule 6, on absorption of a
permanent employee without interruption against any regular
pensionable post, the service rendered w.e.f. 01.01.1959 onwards
shall be counted for pension as if such service was render in a
regular post. Therefore, these writ petitioners having rendered
more than 30 years of service in Work Charges & Contingency
Paid Establishment are entitled for the pensionary benefits. In
these Bunch of writ appeals, one of the appellants / writ
petitioners in W.A. No.1591 of 2018 had been declared as
permanent employee by the Labour Court.
13. In view of the foregoing discussion, the common order dated
06.08.2018 passed by the Writ Court is hereby set aside. The
appellants / writ petitioners are entitled for the benefit of pension
and same be extended to them from the date of retirement within
three months from today with all consequential benefits.
Counsel for the State could not point out that present matter is distinguishable by
the order passed by the Division Bench in Writ Appeal.
Considering the same, the petition is allowed. The petitioner shall be given the
benefit of pension and same shall be extended to the him from the date of retirement
within 3 months from today .
If the claim of the petitioner is not decided within 3 months, the amount shall
carry interest @ 6% per annum.
With the aforesaid, the petition is allowed and disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
