SooperKanoon Citation | sooperkanoon.com/1044134 |
Court | Madhya Pradesh High Court |
Decided On | Sep-12-2012 |
Appellant | Chandrabhan Prasad Patel |
Respondent | Secretary the State of Madhya Pradesh |
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court'include - 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Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]writ petition no.14654/201”12. 09.2012 shri umesh shrivastava, learned counsel for the petitioner. though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this court, the default pointed out by the office is ignored. the petitioner who was employed in private school, which was taken over by the state government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school. this court in various cases has considered these aspects and in w.p.no.10240/2008 (s) [bhola prasad mishra versus state of madhya pradesh & others]., relying the decision.....Code Context}
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Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. 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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. 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Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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WRIT PETITION No.14654/201”
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() 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Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 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Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 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Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
41 of the Constitution and provide for old age of its retired employees.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The intention being noble has to be given full effect to.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 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In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
With the aforesaid, the writ petition is finally disposed of.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Certified copy as per rules.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'chandrabhan-prasad-patel-vs-secretary-pradesh', 'args' => array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) ) $title_for_layout = 'Chandrabhan Prasad Patel Vs Secretary the State of Madhya Pradesh - Citation 1044134 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1044134', 'acts' => null, 'appealno' => null, 'appellant' => 'Chandrabhan Prasad Patel', 'authreffered' => null, 'casename' => 'Chandrabhan Prasad Patel Vs. Secretary the State of Madhya Pradesh', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Madhya Pradesh', 'court_type' => 'HC', 'decidedon' => '2012-09-12', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<p>WRIT PETITION No.14654/201”</p><p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.</p><p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.</p><p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.</p><p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.</p><p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.</p><p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.</p><p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.</p><p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.</p><p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.</p><p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.</p><p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.</p><p> 41 of the Constitution and provide for old age of its retired employees.</p><p> The intention being noble has to be given full effect to.</p><p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.</p><p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.</p><p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”</p><p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.</p><p> With the aforesaid, the writ petition is finally disposed of.</p><p> Certified copy as per rules.</p><p> (K.K.Trivedi) Judge Skc', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Secretary the State of Madhya Pradesh', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'chandrabhan-prasad-patel-vs-secretary-pradesh' $args = array( (int) 0 => '1044134', (int) 1 => 'chandrabhan-prasad-patel-vs-secretary-pradesh' ) $url = 'https://sooperkanoon.com/case/amp/1044134/chandrabhan-prasad-patel-vs-secretary-pradesh' $ctype = ' High Court' $content = array( (int) 0 => '<p>WRIT PETITION No.14654/201”', (int) 1 => '<p>12. 09.2012 Shri Umesh Shrivastava, learned Counsel for the petitioner.', (int) 2 => '<p> Though the matter is listed for default, as has been pointed out by the office, keeping in view the fact that the petitioner is a retired person and is claiming the parity with the decision already rendered in the similar circumstances by this Court, the default pointed out by the office is ignored.', (int) 3 => '<p> The petitioner who was employed in private school, which was taken over by the State Government, is claiming the benefit of grant of pension from the date, counting the period he has rendered service in the private school.', (int) 4 => '<p> This Court in various cases has considered these aspects and in W.P.No.10240/2008 (S) [Bhola Prasad Mishra versus State of Madhya Pradesh & others]., relying the decision given in the case of C.A.Bhakhare versus State of Madhya Pradesh & otheRs.1987 MPLJ 509 this Court has said that similar benefit would be applicable in the cases of persons like petitioner.', (int) 5 => '<p> Considered the submissions put forth by the learned Counsel for the parties in C.A.Bhakhare (supra).in which it was held by this Court : “Contribution to a Provident Fund Scheme framed under a law is not dependent on the wish or desire of a Municipal Servant.', (int) 6 => '<p> Indeed, it should be the obligation of the Municipal Council to cover every Municipal Servant by the statutory scheme and make deductions from his/her salary and also make its own contribution.', (int) 7 => '<p> This obligation of the WRIT PETITION No.14654/2012 2 Municipal Council is required to be performed in spite of reluctance of a Municipal Employee.', (int) 8 => '<p> Under the circumstances, inaction on the part of the municipal Committee cannot be accepted as sufficient excuse for denying the Municipal employee benefits of the Provident Fund Scheme.', (int) 9 => '<p> Indeed, in the Employees' Provident Fund Act, 1952 which according to this Court should be treated to be embodying general law on the subject, a defaulting employer is required to contribute the entire amount.', (int) 10 => '<p> Under the circumstances, even if it was to be assumed that the Municipal Council did not deduct the Provident Fund amount from the petitioner's salary upto 31.3.1960 this inaction of Municipal Council cannot be accepted as a justification for denying the petitioner the benefits of her past service.', (int) 11 => '<p> Indeed, the intention of the respondent is issuing the order dated 15/21.1.1972 (Annexure R-1) appears to be to give effect to the directive principles contained in Art.', (int) 12 => '<p> 41 of the Constitution and provide for old age of its retired employees.', (int) 13 => '<p> The intention being noble has to be given full effect to.', (int) 14 => '<p> Under the circumstances, Clause (1)(Q) of this Circular cannot be accepted as covering a case where the local body for reasons best known to them has not deducted the Provident Fund amount even though they were bound to do so under Law.', (int) 15 => '<p> In view of this Court, this clause would only apply to a case where the past services of a teacher were not covered by any Provident Fund Scheme.', (int) 16 => '<p> In this view of the matter, the petitioner is entitled too count her entire service for purposes of pensionary benefits.”', (int) 17 => '<p> In view of above, the present petition is disposed of with a direction to respondents to consider the claim of the petitioner for counting the service rendered by him from 27.06.1976 to 21.09.1982 with a private school run WRIT PETITION No.14654/2012 3 by a registered Society i.e.Pushpraj Uchchatar Madhyamik Vidyalaya Shiksha Samiti, Khutha, District Rewa and pass a suitable order within a period of 60 days from the date of communication of this order.', (int) 18 => '<p> With the aforesaid, the writ petition is finally disposed of.', (int) 19 => '<p> Certified copy as per rules.', (int) 20 => '<p> (K.K.Trivedi) Judge Skc' ) $paragraphAfter = (int) 1 $cnt = (int) 21 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 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(K.K.Trivedi) Judge Skc