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2010 Supreme(MP) 611

A.K.SHRIVASTAVA, BRIJ KISHORE DUBE
Rahisha Begum – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
S.K. Sharma for appellant,
M.P.S. Raghuvanshi, Additional Advocate General for respondent.

JUDGMENT

A. K. Shrivastava, J. -- 1. This appeal has been filed under section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 4.10.2007 passed by learned Writ Court in W.P. (S) No. 1290/04 dismissing the petition filed by the appellant/writ petitioner.

2. The writ petitioner filed a writ petition under Article 226 of the Constitution of India before the learned Writ Court seeking following reliefs which read thus:

"(a) That, order dated 6.8.2003 Annex. P/1 may kindly be declared illegal and respondents may kindly be directed to grant family pension to the petitioner by counting the part of service which petitioner's husband rendered as daily wager in employment.

(b) That, any other relief which this Hon'ble High Court may deem fit with cost of petition."

3. As per the case of writ petitioner/appellant, the petitioner is the wife of Late Ashraf Khan, who was serving on the post of Driver in the office of the respondents and had died on 5.3.2002 and after the death of her husband, the petitioner submitted an application for seeking the benefit of family pension and other service benefits. However, the respondents vide letter dat






























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