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2025 DAILYLAW 15610 (CHH)

DR. ANITA DHAGAMWAR v. STATE OF CHHATTISGARH

WPS/2403/2025 · 2025-04-09

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:16644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2403 of 2025 1 - Dr. Anita Dhagamwar W/o Late Sishir Kumar Dhagamwar Aged About 54 Years R/o L-5, 505, Kailash Vihar, Kailash Puri, City Hearts Residency, Budha Talab, Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Represented By The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 2 - Under Secretary, Department Of Health And Family Welfare Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 3 – Commissioner, Directorate Of Health Services, Indrawati Bhawan, Atal Nagar, Raipur, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Pankaj Singh, Advocate For Respondents/State : Mr. Sabyasachi Choubey, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.10 13:29:28 +0530 2 / 3 09/04/2025 1. By the present writ petition, the petitioner who is widow of Late Sishir Kumar Dhagamwar who was passed away while discharging his duties at Central Jail, Raipur, is seeking a direction towards the respondent authorities for grant of family pension and all the other consequential benefits. 2. Learned counsel appearing for the petitioner would submit that the respondents/ State are not providing the pensionary benefits to the petitioner. He submits that while deciding the writ petition bearing WPS No.1592/2017, this Court has quashed the impugned order dated 04/11/2016, so far as conditions No. 1 & 2 thereof are concerned whereby the petitioner and other similarly situated persons have been denied the right to pension and treat them as regularized employee only from the date of 04/11/2016 rather than from the date of their initial date of appointment. He further pleads that this petition be disposed of with a direction to the respondent authorities to consider the case of the petitioner in accordance with the decision rendered by this Court in WPS No.1592/2017. He further submits that this Court may grant permission to the petitioner to approach the respondent No.1 by submitting a detailed representation by raising all his grounds regarding the family pension, arrears and other consequential benefits. 3. Learned counsel appearing for the State would submit that it is not in dispute that the issue involved in the present writ petition has been decided in WPS No.1592/2017 which was filed by the other 3 / 3 similarly situated persons. He further submits that if the petitioner will submit a representation, the same will be considered in accordance with law as well the direction given by this Court in WPS No.1592/2017 and necessary order will be passed after due verification of the present status of the petitioner, within the stipulated period. 4. I have heard learned counsel for the parties and perused the documents. 5. Looking to the submission made by learned counsel for the parties, considering the order dated 23/01/2024 passed by the Coordinate Bench of this Court in WPS No.1592/2017 and the fact that the petitioner has not approached the concerned authority till date, it will be appropriate to direct the petitioner to approach the respondent authority by submitting a fresh representation within a period of 20 days. In case of filing of such representation, the respondent authorities are directed to consider the case of the petitioner and pass necessary orders in accordance with law as well the decision passed by this Court in WPS No.1592/2017, within a period of 60 days from the date of filing of such representation by the petitioner. 6. With the aforesaid direction, the instant writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar