% i HIGH COURT OF GHHATTISGARH AT BILASPUR Wiit Petition (S)No. 2410 of2008 PETITTONER : . Smt Parvati Bai Wd/o Late Brijlal Patel, aged about 42 yeaiis^ R/Q Village & Po^t Jhalmala^ Tehsil Balod, District Durg(CG). •VERSUS : -: • ' XESPONDENTS • 1. State of CMiattisgafh, Throu^i The SeCTetary, Public Works Departaieiit, DKS I^iawan, Mantralaya, Raipur (CG). 2»Etigmeer.mChiefI^iblic Works Departm^tit^ RaipiirCG.. 3/CMefEagineer, rublic Worics Depami^^ Raipur, (CG). 4. Ex6cirtiv€k Enginee^ Public .Works. Department, • Balod: Division, District Durg (CG). <%7RrT PETITION TJ>roER ARTICLE 226 OF THE CONSTTTimON OF INDIA) {SBsiIoii'Me^fr.^ati^K.AfimiioM^J^ Preserit •: .Sfari N.K.Vyas, Advocate for the pet.itioner. \. : . • ' Shri Y.S. Thakur, Deputy Advocate General for the Statey/respondents> ORALORDER (Passed on 05th day ofMay, 2008) 1. With the consent of the pai-ties, the matter is taken up for hearing finally. . ;..".:; \.'. ; .' ,' - 2. Learned counsel appearm^:for:the:petitiQner submits''tliat;lhe husb^ ofthe petitioner namdy Brijlal Patei was appoisrted as Labour m Public Works Department m the year 1960 in the office ofExecutive Engmeer, Balod Division, District Durg. A-ccordmg to leamed counsel appearing for the petitioner, the services ofShri Brijlal Patel was regularized by the govemmesit after completiQH of 25 years of ser^ice, and was granted regular pay scalebyordes'dated 01.07.1998. Shri Brylal Patel sen/ed with the department for 38 years therefore the petitioner, bemg wife of Shri Brijlal Patel, is entitled to grant of family pension on accounfofdeath ofher husband. ; .. ' . ' • : . •• •' 2 3. , -Learsied coBiis^l'fiirther,submits tliat question oflaw asto whether she is entitled to family pension or iiet is well settled oy this Court in tlie matter ©fM.A. Hakim Vs. State of Madhya Pradesh (now C.G.) and others (W.P. No. 4135/04) wherein, this Court has passed the order 011 28.08.2006 allowmg the petition. It is next conteiided that fhe State Go^. has preferred Special Leave Petition No. 19728/06 before the Supreme Court agamst the said orderdated 28.08.06 and tiie same was dismissed on 08.12.2006. 4. Shri Y.S. Thakur, leamed Depirty Advocate General, appearing for the state submits ,tfaat the question of law ..mvotved m .this petition ••is' identica! to that of iii the matter of MA. Hakim (Supra). He fus'ther submitg thatthe petition be ailowed subjectto ^rificatiosi of&cts. 5. In view of tlie foregoiilg, the writ petitioii staiids disposed of 111 the same terms i e. admissible pensio2i shali be reteased withm a period of t\¥omonths from today, as the husbasid of tlie petitioiier has died long back on 11.12.1998. _, Sd/- Satish K.Agnihotri Judge Sahn