1 2025:CGHC:54924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1139 of 2025 1 - Indira Gandhi Krishi Vishwavidyalaya Through The Registrar, Krishak Nagar, Raipur (C.G.) 2 - Dean Sant Kabir Agriculture College And Research Center Kawardha District - Kabirdham (C.G.) ... Applicants versus 1 - Rahul Yadav S/o Late Prem Lal Yadav Aged About 30 Years R/o Near Nutan High School, Yadav Mohallah Tikrapara, District - Raipur (C.G.) 2 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - Smt. Madhu Yadav Wd/o Late Premlal Yadav Aged About 46 Years R/o Village Jora, Ward No. 28, Krishak Nagar, Tahsil And District Raipur (C.G.) 4 - Ku. Swati Yadav D/o Late Premlal Yadav Aged About 25 Years R/o Village Jora, Ward No. 28, Krishak Nagar, Tahsil And District Raipur (C.G.) 5 - Ku. Sweta Yadav D/o Late Premlal Yadav Aged About 19 Years R/o Village Jora, Ward No. 28, Krishak Nagar, Tahsil And District Raipur (C.G.) … Non-applicants (Cause-title taken from Case Information System) For Applicants : Mr. Shashank Thakur, Advocate For Non-applicant No.1 : Mr. Krishna Tandon, Advocate For Non-applicant No.2 : Mr. Dashrath Prajapati, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.11.11 18:26:30 +0530 2 Hon'ble Shri Amitendra Kishore Prasad , Judge Order on Board 11.11.2025 1. Heard Mr. Shashank Thakur, learned counsel for the applicants, Mr. Krishna Tandon, learned counsel appearing for non-applicant No.1 and Mr. Dashrath Prajapati, learned Panel Lawyer appearing for the State/non-applicant No.2. 2. The present MCC has been filed for modification/recall of the order dated 02.01.2025 passed in WPS No.1770/2023 with the following prayer:- “It is therefore prayed that the Hon'ble Court may kindly be pleased allow this application and may be pleased to modify the observations made in para 5 of the order dated 02.01.2025 passed in WP(S) No. 1770/2023, in the interest of justice.” 3. Learned counsel for the applicants submits that, in the reply filed to the writ petition, a specific stand was taken that as per the service record of the deceased employee Late Premlal Yadav, the name of the petitioner does not find place, and the name of Smt. Madhu Yadav has been entered as wife, while the names of Kumari Swati Yadav and Kumari Shweta Yadav have been entered as daughters. It is further submitted that the name of Smt. Rekha Yadav is also not mentioned anywhere in the service book of the deceased employee. 4. It has been further contended that for this reason alone, non- applicant No.1/petitioner was directed to obtain a No Objection 3 Certificate from the persons whose names are duly recorded in the service book, and therefore the observation in paragraph 5 of the order dated 02.01.2025 regarding the mention of two wives in the service record does not correctly reflect the stand of the applicants. 5. Learned counsel appearing for the respective non-applicants concur with the aforesaid submission made by learned counsel for the applicants. 6. In view of the submissions made by learned counsel for the applicants, as also the concurrence expressed by learned counsel appearing for the respective non-applicants, this Court finds substance in the prayer made in the present MCC. Accordingly, the present MCC is allowed. 7. The observations contained in paragraph 5 of the order dated 02.01.2025 are hereby modified to the extent indicated hereinabove. It stands clarified that, as specifically submitted by learned counsel for the applicants in the reply to the writ petition, the service book of the deceased employee records the name of Smt. Madhu Yadav as the sole wife, and the names of Kumari Swati Yadav and Kumari Shweta Yadav as daughters, and that the name of the petitioner or her mother does not find place anywhere in the service records. The earlier observation in paragraph 5 of the order dated 02.01.2025, to the effect that the service records reflected the names of ‘two wives’, does not correctly represent the factual position pleaded by the applicants and therefore requires correction. 4 8. The modification now carried out is accordingly made to ensure that the order truly reflects the stand of the applicants that the non- applicant No.1/petitioner was asked to obtain a No Objection Certificate only from those persons whose names are duly entered in the service book of the deceased employee. 9. Save and except for the aforesaid modification, all other directions, findings and observations contained in the order dated 02.01.2025 shall remain intact and shall continue to operate in full force. 10. A copy of this order be placed along with the records of WPS No.1770/2023. Sd/- (Amitendra Kishore Prasad) Judge Yogesh