Madhya Pradesh High Court
Devendra Pratap Singh vs The State Of Madhya Pradesh on 27 November, 2019
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-20151-2017
The High Court Of Madhya Pradesh
WP-20151-2017
(DEVENDRA PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 27-11-2019
None for the petitioners.
Shri Devendra Gangrade, learned Panel Lawyer for the
respondents/State.
By the instant petition, the petitioner is claiming pension on the basis of order passed by the Division Bench of this Court in W.P. No.2726/2011 (Hari Narayan Sharma Vs. State of M.P.) saying that as per the law laid down by the Division Bench, even a daily wager is entitled to get the pension.
However, he has not filed any judgment on which he is relying upon. It is settled principle of law that the daily wager is not entitled to get any pension. The petitioner is admittedly a daily wager and working in the Public Works Department, therefore, in absence of any provision for granting pension, the petitioner cannot claim any pension.
On earlier occasion, in pursuance to the order passed by this Court, the Department has considered the claim of the petitioner and rejected the same vide order dated 28.07.2017, whereby the respondent has come with a specific stand that the daily wager is not entitled to get any benefit of pension after his superannuation. The Authority has also taken note of the law laid down in case of Hari Narayan Sharma (supra), on which the petitioner has placed reliance.
In view of the above, I do not find any substance in the contention raised by the petitioner because the daily wagers are not entitled to get any pension. The petition is accordingly, dismissed.
(SANJAY DWIVEDI) JUDGE ac/-
Digitally signed by ANIL CHOUDHARY Date: 2019.11.28 11:06:23 +05'30'