Madhya Pradesh High Court
Smt. Asha Singh vs The State Of Madhya Pradesh on 3 September, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-9592-2021
The High Court Of Madhya Pradesh
WP-9592-2021
(SMT. ASHA SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Jabalpur, Dated : 03-09-2021
Heard through Video Conferencing.
Shri Anuj Shrivastava, counsel for the petitioner.
Shri Dilip Parihar, Panel Lawyer for respondents-State.
Heard on the question of admission.
In this case the petitioner is claiming family pension on the ground that though she is not legally married wife of the deceased /employee and she got married to him at the time when first legally married wife was alive and thereafter she died and petitioner lived with the deceased/employee for years together as husband and wife and has acquired the status of wife. Therefore, after the death of husband she is entitled to claim family pension.
Family pension is given under the provision of Rule 47 of M.P. Pension Rules, 1976. This issue has been dealt with by the Division Bench of this Court in the case of Sitabai Sunodia vs. Regional Manager Provident Fund reported in (2002)3 M.P.L.J. 116. However, he submits that in same circumstance the pari materia provision has been dealt with by the High Court of Judicature at Madras in W.P. No.3495/2019 and W.P. No.3574/2019 (Sarojani Devi Vs. The Director of Local Fund Audits and others).
Let notice be issued to the respondents, on payment of process fee within seven days, by registered mode. Notices be made returnable within six weeks.
(SANJAY DWIVEDI) JUDGE rv Signature Not Verified SAN Digitally signed by REENA HIMANSHU SHARMA Date: 2021.09.06 15:25:22 IST