Smt. Rampyari Vishwakarma vs The State Of Madhya Pradesh
2025 Latest Caselaw 3186 MP

Madhya Pradesh High Court

Smt. Rampyari Vishwakarma vs The State Of Madhya Pradesh on 22 January, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                            1                               WP-20937-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    WP No. 20937 of 2024
                               (SMT. RAMPYARI VISHWAKARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 22-01-2025
                               Shri A.S. Thakur - Advocate for petitioner.
                               Shri V.P. Tiwari - Government Advocate for State on advance copy.

                               Heard on I.A. No.15657 of 2024 - an application for amendment in the
                         writ petition.
                               Counsel appearing for the State has heavily objected for the

                         amendment. Despite time granted to the State to file response to the
                         amendment application no reply has been filed. However, the counsel has
                         orally objected the same pointing out the fact that there is substantial delay in
                         approaching the Court.
                               The fact remains that the family pension is being claimed by the
                         petitioner which is a recurring cause of action in view of the judgment passed
                         by the Hon'ble Supreme Court in catena of cases. Petitioner's counsel has
                         relied upon the judgment passed by the Hon'ble Supreme Court in the case of
                         S.K. Mastan Been vs. General Manager, South Central Railways, (2003) 1

                         SCC 184.
                               Under these circumstances, as the family pension claimed by the
                         petitioner is a recurring cause of action there is no substantial delay in
                         approaching the Court, therefore, I.A. No.15657 of 2024 stands allowed.
                               Necessary correction to be carried out within seven working days.
                               Issue notice to the respondents on payment of process fee within seven

2 WP-20937-2024 working days by RAD made.

As the family pension has been claimed in the matter, the respondents are expected to file the reply expeditiously.

(VISHAL MISHRA) JUDGE

THK