NDLI: Sunita Burman Vs. The Commissioner, M.p. Housing and Infrastructure Development Board and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Family Pension – Retiral Dues
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Family Pension – Retiral Dues – Entitlement to – Division Bench of High Court in Writ Appeal reversed order passed by Single Judge in Writ Petition whereunder Respondent No.1-Housing Board was directed to pay family pension and other retiral dues to her on demise of her husband – Issue as to whether deceased husband of appellant was a regular employee of respondent No.1-Housing Board and if not, would appellant still be entitled to receive family pension if the deceased had remained a work charged employee in the establishment of respondent No.1- Housing Board till the date of his demise – Held: The deceased husband of appellant was not a regular employee of respondent No.1-Housing Board – He had remained a work charged employee in the establishment of Housing Board till the date of his demise – Being cognizant of the vacuum relating to service conditions of the employees working in its work charged establishments, respondent No.1-Housing Board had to extend the benefit of pension to the said employees by bringing them within purview of the National Pension Scheme (NPS) and they were given an option to become a member of the said Scheme so as to avail the benefit of pension – As her deceased husband had elected not to opt for the said Scheme, the appellant cannot claim entitlement to payment of family pension on his demise from respondent No.1-Housing Board – Madhya Pradesh Work Charged and Contingency Paid Employees Recruitment and Service Rules, 1975 –Work Charged and Contingency Paid Employees Gratuity Benefit Rules, 1962 – Madhya Pradesh Work Charged and Contingency Paid Employees Leave Rules, 1977.
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2022 INSC 1090
Petitioner	Sunita Burman
Respondent	The Commissioner, M.p. Housing And Infrastructure Development Board And Others
SCR	[2022] 14 S.C.R. 973
Judgement Date	2022-10-14
Case Number	7068

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Sunita Burman Vs. The Commissioner, M.p. Housing and Infrastructure Development Board and Others

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