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2025 DAILYLAW 33242 (CHH)

SMT. AMRIKA BAI v. STATE OF CHHATTISGARH

WPS/5976/2021 · 2025-08-24

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5976 of 2021  Smt. Amrika Bai W/o Late Dharamdas Khatri Aged About 60 Years R/o Village Litia, Tahsil Dhamdha, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Director Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. District Education Officer Durg District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 4. Amrit Bai W/o Late Dharamdas Khatri Aged About 58 Years R/o Village Litia, Tahsil Dhamdha, District- Durg- Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Ravipal Maheshwari, Advocate For State : Mr. Vedant Shandagi, P.L. For Respondent No. 4 : Mr. R.K. Gomasta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 25-08-2025 1) By way of this petition, petitioner has sought following reliefs:- (i) That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to Digitally signed by AJINKYA PANSARE Date: 2025.08.26 10:35:43 +0530 2 consider pending application and to grant fix pension and retiral dues with all consequential benefit within stipulated time, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 2) Learned counsel for the petitioner submits that husband of petitioner, namely, Dharam Das Khatri who was working on the post of Head Master under respondent-department died in harness on 09.11.2007 leaving behind two wives i.e. petitioner and one Amrit Bai (respondent No. 4). He further submits that name of petitioner is mentioned as nominee in the service record of deceased Dharam Das Khatri and succession certificate has also been issued in favor of petitioner. He contends that petitioner preferred a representation seeking payment of retiral dues and family pension on 02.08.2021 before Block Education Officer – Dhamdha, District – Durg (C.G.) but till date, same has not been decided. He prays for a direction to the authority concerned to decide such representation expeditiously. 3) On the other hand, learned counsel appearing on behalf of respondent No. 4 submits that respondent No. 4 is the legally wedded wife of deceased, therefore she has right on the family pension and other retiral dues. He further submits that in succession case, order has been passed by this Court in CR No. 20 of 2017 in favor of respondent No. 4. 4) Learned State counsel submits that Pension Payment Order 3 (PPO) has already been issued in favor of respondent No. 4 on 18.10.2022 and same is annexed along with State’s reply as Annexure R/4 and she is getting family pension too. 5) Heard learned counsel for the parties and perused the material available on record. 6) Taking into consideration the above-discussed facts, this petition is hereby being disposed of directing Block Education Officer – Dhamdha, District – Durg (C.G.) to decide the pending representation so moved by petitioner strictly in accordance with law. It is expected that the authority concerned shall afford opportunity of hearing to petitioner as well as respondent No. 4, who may place all relevant documents before the authority concerned. 7) With the aforesaid direction(s), this petition stands disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya