1. Question involved in this petition is as to whether under Rule 42 of the M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as "the Rules of 1976"), period spent by the employee in the work-charged establishment can be counted as qualifying service.

2. The husband of the petitioner Shri Fazal Khan was initially appointed as Helper in the Public Health Engineering Department, Division Gwalior, on daily wages. Thereafter, his services were regularised under the work-charged contingency as per the recommendation of the Selection Committee and fixed in the revised pay scale of Rs. 750-945/- vide order dated 16.4.1991 (Annexure P-1). During the period of employment, the husband of the petitioner died on 10.11.1999. After his death, the petitioner being his wife, applied for pensionary benefits on the ground that her husband Shri Fazal Khan had worked for more than 18 years and as per the Rules of 1976, she was entitled for pensionary benefits.

3. Per contra, the respondents denied the benefits of the pension to the petitioner on the ground that the husband of the petitioner was appointed as Daily Wager in the year 1981 and later-on as per policy of the Stat