1 WPS No. 2273 of 2022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2273 of 2022 Reserved on 08.04.2025 Delivered on 30/06/2025 1 - Makhanlal Dhruv S/o Late Shree Moti Singh Aged About 66 Years Resident Of Village Aamgaon , Police Station Sihava, District Dhamtari, Chhattisgarh. 2 - Surekha Dhruv W/o Shree Makhanlal Dhruv Aged About 62 Years R/o Village Aamgaon, Police Station Sihava, District Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Additional Chief Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - DGP Chhattisgarh PhQ, Naya Raipur, District Raipur Chhattisgarh. 3 - Director Treasury And Accounts, Indrawati Bhawan , Naya Raipur Chhattisgarh. 2 WPS No. 2273 of 2022 4 - Hembai Dhruv W/o Late Shree Chandrahas Dhruv Aged About 30 Years Asst. Graded 2, Government Higher Secondary School , Kukrel, Tehsil Nagri, District Dhamtari Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. A. K. Samantray, Advocate For Respondent(s) : Ms. Upasana Mehta, Dy. Govt. Advocate (Hon’ble Shri Justice Amitendra Kishore Prasad) CAV Order 1. By way of this petition, the petitioners seek invocation of extra-ordinary writ jurisdiction of this Court against the inaction on the part of the Respondent authorities and their subordinates, inasmuch as, despite several representations made by the petitioners seeking family pension in respect of their martyr son, Chandrahs Dhruv, the same has not been granted to them till date. 2. Facts of the present case, in brief, is that the present petitioners are the parents of the martyr, who was their elder son, namely, Chandrahas Dhruv. He was working as PSO of one Ex-Minister of Chhattisgarh and has declared martyr by the State of Chhattisgarh on account of his martyrdom in a naxal violence held on 25.05.2013 and on 3 WPS No. 2273 of 2022 the same day he succumbed to death and thereafter declared martyr. As such the wife, namely, Hemabai Dhruv of martyr (Chandrahas Dhruv) received pension of Rs.15,390/- and all other consequential benefits along with compassionate appointment as ‘Assistant Grade III’ in Government Higher Secondary School, Kukrel and presently working as ‘Assistant Grade II’. Apart from the pension, gratuity and GIS, the special ex-gratia amount for the sum of rupees 15 lakhs was also given to the Respondent No.4/widow. Since the son of the present petitioners were declared martyr, the State Government has allotted a house in favour of the widow under the special scheme. After getting all the benefits as the wife of the Martyr, she married with one Aniruddh Thakur, who was working as Reader in Dantewada Civil Court. The widow is getting a sum of Rs.31,716/- while working on the post of Assistant Grade II and she is also getting family pension which was fixed at Rs.22,600/- along with dearness relief of Rs.11,300/- per month. As per Rule 12 of the Chhattisgarh Civil Services (Extraordinary Pension) Rules, 1963 (hereinafter referred as “Rules of 1963”), read with Rule 8 of the Chhattisgarh (Police Karmchari Varg - Asadharan Parivar Nivrati Vetan) Rules, 1965 (hereinafter referred as 4 WPS No. 2273 of 2022 “Rules of 1965”), the pension granted to a widow on account of the death of a government servant in the course of extraordinary service conditions shall be discontinued upon her remarriage. Furthermore, under Rule 11 of the Rules of 1963, read with Rule 5(4)(b) of the Rules of 1965 applicable to police personnel, in the event of the remarriage of the widow, she will not be entitled to receive extraordinary family pension. Accordingly, in the present case, after the remarriage of Respondent No.4, she is no longer remain eligible to receive the extraordinary family pension which was sanctioned under the above-stated provisions/rules. The petitioners along with their grand daughter (daughter of Martyr) are only entitled to get family pension amount. In this respect petitioners were made various representations but the respondent-authorities did not take any action regarding disbursement of family pension. Hence this petition has been filed by the petitioner for redressal of their grievances. 3. The present petition has been filed by the petitioners seeking for the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire record relating to ex- 5 WPS No. 2273 of 2022 gratia grants and pension relating Late Chandrahas Constable No.1237for kind perusal. 10.2 That, this Hon'ble Court may be pleased to issue an appropriate writ/ mandamus directing the respondents to discontinue the pension of Respondent no.4 Hemabai on account of her remarriage. 10.3 That, this Hon'ble Court may be pleased to issue an appropriate writ/ mandamus directing the Respondent no.1 and 3 to disburse the pension amount to petitioners along with their grand-daughter Tanuja in accordance with the rules. 10.4 Any other relief, which this Hon'ble Court deems fit according to the facts & circumstances of the case may also be granted.” 4. Learned counsel for the petitioners submits that the petitioners herein are the parents (Mother and Father) of late Chandrahas Dhruv. He was initially appointed as police constable on 15.02.2007 and at the time of naxal violence on 25.05.2013, he was the Personal Security Officer (PSO) to the Ex-minister who along with other leaders were assassinated/killed in that sad incident. He goes on to submit that all the persons along with the police personnel including the son of the present petitioners were declared 6 WPS No. 2273 of 2022 dead and thereafter, the son of the present petitioners was declared Martyr by the State of Chhattisgarh. The deceased son of the petitioners herein married with Smt. Hemabai Dhruv and one daughter was born out of their wedlock, namely, Tanuja. He goes on to submit that the petitioners were also dependent upon their son. Upon death of son of the petitioners, the respondent No.4/widow was granted all consequential benefits along with the special ex-gratia amount and she has also got compassionate appointment and appointed as Assistant Grade III in Government Higher Secondary School, Kukrel and presently working on the post of Assistant Grade II from where she is earing Rs.31,716/- per month as salary. He further submits that the family pension as stated above of the martyr is also received by the widow of the martyr and further a Plot No.70 was also alloted in the name of widow which was given to her under the Housing Scheme for Martyr in Naxalite Violence. It is not wrong or incorrect to mention here that all of the above benefits has been given to the widow along with minor daughter. Subsequently, on 15.07.2021 the widow remarried to one Anirudh Thakur, who was working as Reader in the Civil Court. Learned counsel for the petitioners submits that the grievance of the 7 WPS No. 2273 of 2022 petitioners are that after remarriage of their daughter-in- law, she is not giving her any financial support and she is claiming all monetary benefits. He further submit that both the petitioners are senior citizen and looking to their age it is the admitted position that they are infirm persons and can’t do anything for their living. He goes on to submits that as per Rule 12 of Rules of 1963 read with Rule 8 of Rules of 1965 and after remarriage, the widow is not seized to get family pension. Under Rule 11 of Rules of 1963 read with Rule 5(4)(b) of Rules of 1965, both the petitioners (father and mother) along with her grand-daughter are now entitled for family pension in appropriate portion but not the Respondent No.4/wife. Learned counsel for the petitioners would further submit that the petitioners herein have filed various representations before the concerned respondent authorities vide representations dated 03.01.2021, 17.08.2021 and 24.07.2022 which are annexed with this petition as Annexures P/13, P/14 & P/15 respectively. Learned counsel appearing for the petitioner would further submit that the present writ petition may be disposed of with a direction to respondent authorities to consider and decide the pending representation of the petitioners in accordance with law 8 WPS No. 2273 of 2022 and by taking into consideration the above-mentioned rules within the stipulated period as fixed by this Court. 5. Per contra, Learned counsel for the State would submit that after getting the information with regard to remarriage, the concerned treasury officer vide its letter dated 09.02.2024 informed the concerned Superintendent of Police for stoppage of family pension to the Respondent No.4/Hemabai and initiation of family pension to the minor daughter of martyr, namely, Tajuja Dhruv. Vide letter dated 20.02.2024, the extraordinary pension in favour of her minor daughter is likely to be paid but being the minor she is not having any bank account in her name, therefore, the concerned treasury officer has been directed to do the needful or opening an bank account in the name of minor daughter so that the can avail benefit of extraordinary pension. He goes on to submit that at the time of the death of martyr widow was available that is why as her first right she is only entitled and getting all consequential benefits, family pension and also the compassionate appointment. Lastly, he submits that he is not having any objection to the limited prayer made by the Counsel for the petitioners as he is only seeking relief to decide their representation. 9 WPS No. 2273 of 2022 6. I have heard learned counsel for the parties and perused the documents available on record. 7. In view of the above submissions made by the counsel for the parties, it is pertinent to mention here the Rules 3 (4), 11 & 12 of Chhattisgarh Civil Services (Extraordinary Pension) Rules, 1963, Schedule 3 Rule 10 and also Rule 8 of Chhattisgarh (Police Karamchari Varg- Asadharan Parivar Nivrati Vetan) Niyam, 1965 which are reproduced herein as under :- " नियम 3. इ नियमों के प्रयोजार्थ, जब तक कोई बात निषय या प्रसंग के निरुद्ध हो- (1) xxxxx (2) xxxxx (3) xxxxx (4) "कु टुम्ब" से तात्पय है- (क) पुरुष शासकीय सेक के मामले में, पलिल; (ख) मनिहला शासकीय सेक के मामले में पतितः (ग) पुत्र तर्था अनिानिहत पुनित्रयाँ; (घ) निधा पुनित्रयाँ; (ङ) भाई; (च) अनिानिहत या निधा बनिहें; (छ) निपता, और (ज) माता : परन्तु पद (घ) लगायत (ज) तक में र्णि6त व्यनि8 तब तक कु टुम्ब में सम्मिम्मलिलत हीं समझे जाेंगे जब एक निक े पू6तः शासकीय सेक पर आश्रि@त हों। 10 WPS No. 2273 of 2022 निटप्प6ी. - कु टुम्ब में मर6ोत्तर जात बच्चे भी यनिद े जीनित पैदा हुए हों, सम्मिम्मलिलत हैं, निकन्तु उसमें झौतेला पुत्र, सौतेली पुनित्रयां, सौतेला भाई, सौतेली बनिहें, सौतेली माता तर्था सौतेला निपता सम्मिम्मलिलत हीं हैं। नियम 11. इ नियमों के नियम 10 के अ के अधी प्रदा निकया गया कु टुम्ब निृलित्त-ेत, कु टुम्ब के भर6- पोष6 के लिलये होगा। निृलित्त- ेत मंजूर करे ाला प्रातिधकारी यह उल्लिKलिखत करेगा निक ह निकसको निदया जाेगा और इस सम्बन्ध में निाद होे की दशा, में प्रातिधकारी कु टुम्ब के श्रिभन्न- श्रिभन्न सदस्यों के बीच निृलित्त- ेत का अश्रिभभाज करे के लिलये सक्षम होगा तर्था ह तदुसार निदOश दे सके गा। नियम 12. (1) परिरार पेन्श शासकीय सेक की मृत्यु के बाद आे ाले निद से या ऐसे अन्य निदांक से, जो निक राज्य शास निनितिSत करे, प्रभाी होगी। (2) परिरार पेन्श सामान्यतः निम्लिललिखत अतिध तक चालू रहेगी- (एक) निधा/ निधुर या माता के मामले में, मृत्यु या पुर्विाह तक, जो भी पहले हो; (दो) पुत्र या भाई के मामले में, 21 ष की आयु होे तकः (ती) अनिानिहत पुत्री या बनिह के मामले में, निाह होे तक या उसकी [21] ष की आयु होे तक, जो भी पहले हो; तर्था (चार) निपता के मामले में जी पयन्त। xxxxx अुसूची-ती (नियम 10) परिरार पेन्श तर्था उपदा (1) उपदा-6 मास का ेत (उ अराजपनित्रत पुलिलस कमचारिरयों के मामले में, जो जो डाकु ओं से हुई मुठभेड़ों में या इसी प्रकार के 11 WPS No. 2273 of 2022 जोलिखमी कतव्यों के पाल में लगी चोट के परिर6ामस्रूप मारे गये हों 8 मास का ेत महंगाई भत्ते सनिहत)। (2) माल्लिसक निृलित्त-ेत-ेत का आधा। निटप्प6 1.- उपदा तर्था निृलित्त-ेत, दोों ही पाे ाले के पूरे कु टुम्ब के भर6-पोष6 हेतु निदये जायेंगे। निटप्प6 2.- तर्थानिप प्रानि[कता को चुकाये जाे ाले ेत के आधे के बराबर निृलित्त-ेत की रकम यनिद ह कु टुम्ब के भर6-पोष6 के लिलये अपेतिक्षत निृलित्त-ेत की कु ल रकम से कम होती हो, तो निम्लिललिखत दरों से तर्था निम्लिललिखत दरों के अधी रहते हुये और निम्लिललिखत न्यूतम तर्था अतिधकतम सीमा के अधी रहते हुये, ृतिद्ध की जाेगी। xxxxxx नियम 8. ह कालातिध, जब तक ऐसी देय होगी, छत्तीसगढ़ ल्लिसनिल सेा ( असाधार6 पेंश) नियम, 12 के उपनियम (2) द्वारा शाल्लिसत होगी।" 8. Looking to the facts and circumstances of the present case, the age of the present petitioners and further they were dependents on their elder son who was declared martyr by the State Government and taking into consideration that the younger son the petitioners has separated himself from them and the family, therefore, it seems that the present petitioners are also entitled for some part of the consequential benefits and also some portion of the family pension in accordance with law, for that the petitioners 12 WPS No. 2273 of 2022 have already made several representations raising their queries before the concerned respondent authorities. 9. Form perusal of the documents and letter dated 09.02.2024 and 20.02.2024 (Annexure R/2 and R/3 respectively), it is an admitted position that the State has initiated the proceeding for stoppage of the family pension of widow of the martyr. However, there is no document on record confirming that such benefits have been effectively extended or disbursed in favour of the minor daughter of the martyr. 10. At this juncture, this Court is of the considered opinion that the present writ petition stands disposed of with a direction to the concerned respondent authorities to consider and decide the pending representation dated 24.07.2021 (Annexure P/15) as preferred by the petitioners within a period of ‘60 days’ positively from the date of receipt of copy of this order in accordance with law and while deciding the same, the authorities shall duly consider the provisions under the Rules of 1963 and the Rules of 1965, and also the dependency and financial status of the petitioners. The authorities shall also ensure that the minor daughter of the martyr receives her entitled 13 WPS No. 2273 of 2022 share of the family pension, including necessary steps such as opening a bank account, if not already done. 11. Accordingly, With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA