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Supreme Court of India 2022-10-14 dismissed

SUNITA BURMAN vs THE COMMISSIONER, M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS

Bench: 2 — Dr Dhananjaya Y Chandrachud, Hima Kohli

In Brief

The widow of a work charged employee of the M.P. Housing and Infrastructure Development Board sought family pension after her husband's death in 2016. The Board initially denied her claim on grounds that work charged employees were not entitled to pension. A Single Judge allowed her petition, but the High Court reversed it. The Supreme Court held that the deceased was never regularized as a regular employee and remained work charged throughout. Although the Board offered optional membership in the National Pension Scheme in 2015 with matching contributions, the deceased did not opt. Without regularization and absent mandatory pension coverage, family pension cannot be claimed. Appeal dismissed.

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Pension Family Pension Statutory Bodies Service Law Work Charged Employees Public Employment

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