HIGH COIIRTOF'CSIHATTTSGARH AT BIT.ASPUR WntPetitioii<S)No. 2415 of2008 • • • l;'n ^ PETIl^NER : Smt. Rupa Bai, Wd/o Late Jageshwar Ram Saki, age 60 years^ R/o Gi'am Dhaiiora^ Post Bharada, Tehsil Giimr, District Durg (CG). VERSUS . BE^fONDENTS : 1 State ofClihattisgarli, TlirougliThe Seeretary, Public Woiks Department, DKS Bhawan, Maiitralaya, Raipur (CG). 2. Engineer m Chief^ Piiblic Works Departmetit, Raipur CG. 3. ChiefEngineer, Public Works Department, Raipur, (CG), 4 Executive Engmeer, Public Works Departmeiit, Balod Division, DiMrict Durg (CG). (WRTT PETITIGN IJNDER ARTICTJ? 226 OF THE CONSTrTUTION OF INDIA) (SB: Hoii'MeM^Satish^^^ Present • : ' Shri N.K. Vyas, A-dvocate fbr t!ie petitioner. • - . Shri Y.S. Tliakur, Deputy Advocate General fpr the State/respondents. ORAJ.OBBER • ' '. (Passed.on G5aldayofMay, 2008)' . ' • . 1. Witii the consent of the parties/ the matter is taken up for heariug fiiially. 2. Leamed counsel appearittg &r tiie petitioner submits tiiat the husband ofthe petitiosier namely Jageshwar Ram Sahu was appointed as Labour m Public Works Department on 01.09J954 iii the office of Executive Engineer, Balod Division, District Durg. A^ccordmg to learned coimsel appearing for fhe petitioner, the services of S!m Jageshwar Ram Sahu :was regularized by the govemment after compietioii of 25 ycars,. of sen/ice, and was granted regular pay scale by order dated 01.07.1998. Shri Sahu sen/ed wifh the department for 44 years therefore the petitioner, being wife of Shri Jageshwar Ram Sahu, is entitled to grant offamily pensson cn account ofdeathofherhysbaiid. lli:l 3. Leianied counsel fiirther submits tiiat question oflaw asto whether she is entitled to family pension or iiotj is well setded l^ thas Court iti the matter of MA. Hakim Vs. State ofMadhya Pradesh (now C.G.) aiicl others (W.P. No. 4135/04) wherem, this Court has passed tlie order 011 28.08.2006 allowing the petition. K is next contecdfid Ifaat tfae State Govt. has preferred Special Leave PetitioriNo. 19728/06 befbre the Supreme Court against the said order dated 28.Q8.06 and tiie same was dismissed 01108.12.2006. 4. Sliri Y.S Thalcur, leamed Deputy Advbcate Gerieral, appearing for the state submits tliat tiie question of law involved in this petition is identical to that of m the matter of MA. Hakim (Supra). He fiiAer submits that the petition be allowed subject to venfication offacts. 5. !n view of the foregomg, the writ petition stasids disposed of m the same terms i.e, admissiUe pensioii shall be released withm a period of two moirths froin tod^ as the hiisband of the pefitioner has died long backon 18.06.1999. _— Sd/- Satish K-Agnihotri Judge Sabn