RAJENDRA MENON, S.K.GANGELE, ANIL SHARMA
Mamta Shukla – Appellant
Versus
State of M. P. – Respondent
S.K. Gangele, J.
1. On a reference by the learned Single Judge, Hon'ble the Chief Justice has constituted this Full Bench to answer the following reference:
(i) Whether the decision of the Division Bench in W.A. No. 725/2007 Smt. Rahisha Begum v. State of M.P. and Ors. is not a good law in view of the decision of the earlier Division Bench of this Court vide order dated 18-7-2005, passed in W.P. No. 1273/2000 State of M.P. and Ors. v. Ram Singh and Anr.?
(ii) Whether an employee is eligible for the benefit of family pension in accordance with the provisions of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 after completing qualifying service in accordance with the provisions of Recruitment Rules framed by the concerned Department for work charged and contingency paid employees or in accordance with the definition of Rule 2 of Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 in regard to "contingency paid employee", "work-charged employee" and "permanent employee"?
(iii) Whether for counting qualifying service of an employee for the purpose of grant of benefit of pension it is necessary that the employee has to be ap
2. Rahisha Begum v. State of M.P. and Ors. reported in 2010 (4) M.P.L.J. 332;
4. Samim Begum v. State of M.P. and Ors. 2006 (4) MPLJ 112;
6. Gopi Pillai v. M.P.E.B. 2002 (2) MPLJ 278;
7. Som Prakash Rekhi v. Union of India and Anr. (1981) 1 SCC 449;
11. State of Haryana v. Haryana Veterinary ande Ahts Association and Anr. (2000) 8 SCC 4;
13. Punjab State Electricity Board v. Narate Singh and Anr. 2010 (4) SCC 317;
16. N.T. Veluswami Thevar v. G. Raja Nainar and Ors. AIR 1959 SC 422;
17. Sirsilk Ltd. v. Govt. of Andhra Pradesh AIR 1964 SC 160;
19. State of Haryana and Ors. v. Shakuntla Devi AIR 2009 SC 869;
20. Deokinandan Prasad v. The State of Bihar and Ors. AIR 1971 SC 1409;
24. D.S. Nakara and Ors. v. Union of India (1983) 1 SCC 305;
27. Kerala State Road Transport Corporation v. K.O. Varghese and Ors. (2003) 12 SCC 293;
18. Bhatia International v. Bulk Trading S.A. and Anr. AIR 2002 SC 1432;
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