1 2025:CGHC:45510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8911 of 2025 1 - Smt. Tirbeni Devi Pandoliya W/o Late Ramprakash Pandoliya Aged About 37 Years R/o Ward No. 15, Village - Umri, District - Bhind, Madhya Pradesh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar Chhattisgarh 2 - Joint Director Treasury, Accounts And Pension, Bilaspur, District - Bilaspur Chhattisgarh 3 - Collector Korba, District - Korba Chhattisgarh 4 - Sub-Divisional Officer (Agriculture) Katghora, District Korba Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. A. D. Kuldeep, Advocate For Respondent(s) : Mr. S. P. Kale, Addl. Advocate General Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 08/09/2025 1. The petitioner has filed the present writ petition with the following reliefs:- SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.16 09:40:41 +0530 2 10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to grant the family pension to the petitioner as the nominee and legally wedded wife fo the deceased Ramprakash Pandoliya, with effect from the date of his demise i.e. 18.09.2024. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to desburse all arrears of the family pension due to the petitioner from the date of the demise of the petitioner’s husband Ramprakash Pandoliya, along with interest at an appropriate rate for the delay caused. 10.3 Any other relief may also be granted to the petitioner which this Hon’ble Court deemed fit in facts and circumstances of the case. 2. Learned counsel for the petitioner would submit that petitioner is the second wife of the deceased employee Ramprakash Pandoliya. The deceased employee was a retired Senior Agricultural Officer, died on 18.09.2024. The petitioner had married with the deceased employee on 01.01.2022 with the consent of his first wife. The husband of the petitioner made representation on 16.11.2022 for nomination of the petitioner in his pension records but the same has not been considered and ultimately her husband has died on 18.09.2024. After death of her husband, the petitioner is facing financial hardships as she has no alternative source of her income and she was fully dependent upon her husband. The family pension of the deceased employee has also not been processed with to the petitioner, therefore, the respondent authorities may be directed to grant family pension to the petitioner as 3 she is the legally wedded wife of the deceased employee and also to pay all the arrears of family pension to her. 3. On the other hand, learned counsel for the Respondent/ State opposes the submission made by learned counsel for the petitioner and submits that the petitioner herself is claiming to the second wife of the deceased employee and in the Hindu Law, there is no status of second wife. The petitioner is claiming that she has married with the deceased employee on 01.01.2022 i.e. after his retirement. The deceased employee was retired on 31.02.2018. He would also submit that from the document of marriage registration certificate annexed with the petition at Page No. 13, the date of marriage appears to be on 01.01.2006 whereas the petitioner claims that she married with the deceased employee on 01.01.2022 which itself is contrary and suspicious. Looking to the facts and circumstances of the case no relief can be granted to the petitioner in the present writ petition and the same is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. The claim of the petitioner is for grant of family pension on account of death of the deceased employee Ramprakash Pandoliya as she is the legally wedded wife of the deceased employee and also claimed for arrears of the family pension. From the pleading and documents annexed with the petition, it transpires that the petitioner herself is claiming that she is the second wife of the deceased employee and from the document (Annexure-P/1) the date of marriage is reflected as 01.01.2022 whereas from the document of marriage registration certificate annexed at page No. 13 of the petition, the date of marriage 4 reflects as 01.01.2006 which itself contrary, even otherwise there is no status of second wife in the family belongs to Hindu Community governs by the Hindu Law. Though, the deceased employee made an application for nomination of the petitioner in the pension records but being the second wife her name cannot be nominated in the pension records. The pleading as well as the document annexed with the writ petition discloses the factual dispute and the status of the petitioner as the wife of the deceased employee which cannot be decided in the present writ petition by invoking jurisdiction under Article 226 of the Constitution of India. The petitioner is neither the nominee nor her status as wife of the deceased employee is established by the applicable law, no relief can be granted to the petitioner for disbursement of the family pension to her. 6. From the aforesaid consideration, I do not find any scope of interference in the present writ petition and to grant relief to the petitioner. Accordingly, the present writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge sagrika