MUNNI BAI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) IN these writ petitions, petitioners are claiming family pension payable on account of the service rendered by their husbands, who had served in Municipal Council, Jabalpur. The service of Shri Santram Yadav, whose . widow is claiming family pension in W.P. No. 3216/1998, was regularized on 1.1.1984. The service of Shri Vishnu Prasad Gond, whose widow is claiming family pension in W.P. No. 3217/1998, was regularized on 1.1.1984 and similarly in the case of Shri Bhaddi Lal, whose widow is claiming family pension in W.P. No. 3218/1998, service was regularized on 1.1.1984. An order was passed regularizing the services on 31.3.1993.

(2.) AS the services of the employees were regularized, petitioners are claiming benefit of family pension in terms of rule 47 of M.P. Civil Services (Pension) Rules, 1976, which have been made applicable to the employees of Municipal Corporation. The petitioners have assailed non-grant of family pension as illegal, arbitrary and without any justification.

(3.) SHRI S.K. Mukherjee has submitted that rule 47 of M.P. Civil Services (Pension) Rules, 1976 is attracted, therefore, petitioners are entitled for family pension. Once an employee has died, there is no requirement of rendering 10 years' qualifying service for payment of contributory family pension. Shri Sanjay K. Agrawal, learned counsel appearing on behalf of Municipal Corporation, has relied upon the sub-rule (2) of rule 43 of M.P. Civil Services (Pension) Rules, 1976, which provides qualifying service of 10 years is required.