:.^ -:^ HIGH COTTRT'OF GHHATTIS^ARH AT BTLASPT.TB. ^ ^ PETITIONER RESPONDENTS ^ijtPe^Mij(g)J^1^6^2^ Smt. Hathiyarin Bai WdA^ Late Bemiram, aged about 61 years, R/o village Bhulandabri, Post fe Tehsil Gumr, District .ingRSUS • . 1. State ofChhattisgarh, Tl-irou^i The Secretary, Public Woiks Department, DKS Bhawan, Manfralaya, Raipur(CG). , 2. Engiiicer ih Chief^ Public Worics Departm^n^ Raipur CG. 3. ChiefEngmeer, Public Works Department, Raipur, (CG). 4. Executive ERgineter, Public Works Departm?^ Balod Divisiosi, District Durg (CO). (%7RTT PETmONlJNDER ARTICI£226 OF THE CONSTTRmQN OF INDIA) fSBs Hoii'ble Mr. Satish K. Agiuliotii, J.) Present • Shri' N.K. Vyas, Advocatfe fbr the petitioner. Slii'i. Y.S. Thak-ur, Depuiy Advocate General for the State/respoiidents. ( . . ^ •• • • . . ^. . ORALORBER .; . : ^ (Passed oii 05th ua^ ofMay, 2008) .' • !. W^th the conseiit ofthe parties, the matter is tefc^n up for heering finally. 2. Learned coimsel appearmg for the petitioner submits tiiat the husbmid of tlie petitioner iiamely Benuram was appointed BS Labour m Public Works Department on 02.03.1962 m the office of Executive Engmeer, Balod Division, District Durg. Accordmg to learaed couiisel appearing fbr the petitioner,. the.services' of Shri Benuram was regularized 'by the goverament :after compietion of 25 years 'of service, •and was graiited regylar pay scale by orderdated 01.07.1998. Shri Benuram sei-ved with the department for 41 years therefore the petitioner, being wife ofShri Benuram, is entitled to grant of family pension on a<?count of death of herhusband; ^ c' 3. Leamed counsel further submits that questioii oflaw asto whether she is entitled to family pension or not is wel! settled by this Court iii tlie matter of M.A^ Hakim Vs. State of Madhya Pradesh ($iow C»G.) and others (W.p. No. 4135/04) wherem, this Court has passed the order on 28.08.2006 allowing thepetition.It is next contended that the State Govt. has.'preferred Specia} Leave Petition.NoJ 19728/06 'befbre the Supreme Court againstthe said order dated 28.08.06.aiid tiiesame was dismissed on 08.12.2006. 4. Shri Y.S. Thakur, leamed Deputy Advocate General, appearing for the state submits that tiie question of law involved in this petition is identical to that of in the matter of M.A. Hakim (Supra). He fm-tlier submits that the petition be allowed subject to verification offacts. 5. Iii view of tFie foregoing, the writ petitio2i stancls disposed of iii the same terms i.e. admissible-peiision. shall be released withm a.period .of two moiiths fi-Dm today, as the husbeiid of the petilioner has died OH 07.09.2003. Sd/- SatishK.Agnihotri Judge Sato