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2025 DAILYLAW 28183 (CHH)

NANDORAM YADU v. STATE OF CHHATTISGARH

WPS/5189/2022 · 2025-09-01

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:44662 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5189 of 2022 * - Nandoram Yadu S/o Mangalsingh Yadu Aged About 78 Years House No. 136, Ward No. 08, Madagaon, Jhakharpara, District Gariyabandh, Chhattisgarh - 493890 ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Chahttisgarh. 2 - Assistant Inspector General Of Police (Welfare), Police Headquarters, Nawa Raipur,district Raipur Chhattisgarh. 3 - Divisional Joint Director, Treasury Account And Pension Office, Raipur, District Raipur, Chhattisgarh. 4 - District Treasury Officer, Gariyabandh, District Gariyabandh, Chhattisgarh. 5 - Superintendent Of Police, Gariyabandh, District Gariyabandh, Chhattisgarh. ... Respondents For Petitioner : Mr. Aniket Verma, Advocate For Respondents/State : Mr. Sanjeev Agrawal, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02/09/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.i To kindly direct the respondent authorities to pass appropriate orders releasing the Family pension of the petitioner as per concerned rules, 1965, as per the letter dated 29/12/2018 (Annexure P/5) i.e. revised as per 7th pay scale, and in the light of circular dated 21/06/2017 (Annexure P/6) i.e. granting dearness relief/allowance on the pension amount along with all other dues if any that the petitioner is entitled for. 10.ii To kindly direct the respondent authorities to kindly release the ex-gratia grant amount which has been recorded in the service book as per note sheet dated 10/06/2011. Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.03 19:45:59 +0530 2 10.iii To kindly grant the petitioner, 9% interest on the pensionable amount from the date of the entitlement till the date of actual release. 10.iv To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner. 2. Learned counsel for the petitioner would submit that son of the petitioner, who was working on post of Constable, died in naxal activities on 23.05.2011. He would contend that according to the provisions of Chhattisgarh (Police Personnel Extraordinary Family Pension) Rules, 1965, the petitioner (father) is entitled for grant of extraordinary pension. He would contend that the representation was made by the petitioner way back on 11.10.2021, but till date no decision has been taken. He would pray for appropriate direction. 3. On the other hand, learned Panel Lawyer appearing for the State/respondents would submit that the matter has already been referred to Joint Director, Treasury, Accounts and Pension, Raipur, but till date decision has not be taken by the said authority. 4. Heard learned counsel for the parties. 5. In para-12 of the return, the State has stated as under:- “12. It is respectfully submitted that since the competent authority to sanction extraordinary pension is the office of the Joint Director, Treasury, Accounts and Pension, Raipur and for sanctioning the same, the answering respondents have already sent the proposal by availing the entire necessary documents and records. It is submitted that the extraordinary pension is yet to be sanction by the Joint Director, Treasury, Accounts and Pension, Raipur.” 3 6. Considering the averments made in the para-12 of the return filed by the State, the Joint Director, Treasury Account and Pension, Raipur is directed to consider and decide the matter referred by respondent No. 2 pertaining to the petitioner expeditiously preferably within a period of 90 days from the date of receipt of copy of this order. It is also directed that the said authority shall communicate the outcome of such recommendation to the petitioner. 7. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti