1 2025:CGHC:59830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1099 of 2022 1 - Smt. Chanda Bai W/o Shri Ramdas Anant Aged About 49 Years R/o Village Kukrachunda, Post Mohbhatta, P.S. Bhatapara, Tahsil Simga, District Balodabazar Bhatapara Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Excise, Mahanadi Bhavan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Commissioner Office Of Commissioner, Department Of Excise, Gst Bhawan, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - Divisional Joint Director Office Of Divisional Joint Director, Treasury Account And Pension, Raipur, District Raipur Chhattisgarh. 4 - District Excise Officer (Deo) Office Of District Excise Officer, Raipur, District Raipur Chhattisgarh. 5 - Asha Aged About 62 Years R/o Bagbahra, Police Station And Tahsil Bagbahra, District Mahasamund Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Varsha Sharma, Advocate on behalf of Mr. Abhishek Pandey, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Respondent(s)/State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records of the husband of the petitioner, in the interest of justice (ii) That this Hon'ble Court may kindly be pleased to direct the respondent authorities to decide the representations of the petitioner for release entire retiral dues of the husband of the petitioner in favour of the petitioner and also her children according to the nomination for family pension form which has been earlier filled up by the husband of the petitioner. (iii) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioners for the mental trauma and agony, harassment and hardships suffered by them as also cost of the litigation.” 2. Brief facts of the case, is that, the present writ petition is being filed seeking a direction to the respondent authorities to consider and decide the petitioner’s representations for release of the 3 entire retiral dues of her husband in favour of the petitioner and her children, strictly in accordance with the nomination made in the family pension form earlier filled by the petitioner’s husband. The petitioner submits that her husband, late Ram Das Anant, was initially appointed as a Constable in the Excise Department, District Raipur (C.G.), and was subsequently promoted to the post of Head Constable, on which post he was serving and was due to retire on 28.02.2022. During his service tenure, he had duly completed the nomination for family pension, wherein he nominated the petitioner, Smt. Chanda Bai—his legally wedded first wife—and their children, who are wholly dependent upon him for their livelihood. It is further submitted that although the petitioner and her children were earlier looked after by her husband, he is presently residing with his second wife, Asha (arrayed as respondent No. 5 herein), and has stopped providing any financial assistance or support to the petitioner and her children, thereby compelling her to approach this Court for appropriate relief. 3. Learned counsel for the petitioner submits that the husband of the petitioner, Ram Das Anant, was initially appointed as a Constable in the Excise Department, District Raipur (C.G.), subsequently promoted to the post of Head Constable, and is due to retire on 28.02.2022, that during his service tenure, he duly filled the family pension nomination form in which he nominated the petitioner, Smt. Chanda Bai, his legally wedded first wife, who along with her 4 children is entirely dependent upon him for sustenance; that although the husband of the petitioner had earlier been providing financial support and care to the petitioner and her children, he has now started residing with his second wife, respondent No. 5, Smt. Asha, and has stopped extending any financial assistance to the petitioner; that being aggrieved by such conduct and relying upon the valid nomination made for release of family pension and retiral dues, the petitioner submitted representations dated 25.06.2021 before respondent No. 2, the Commissioner, Excise Department, Raipur, and dated 28.06.2021 before respondent No. 4, the District Excise Officer, Raipur, seeking release of the retiral dues of her husband in her favour and for the welfare of her children; and that the petitioner’s case is squarely covered by the judgment of this Hon’ble Court in W.P.(S) No. 3828/2021 (Smt. Raj Kumari Vs. SECL & Others), which is fully applicable to the present factual matrix. 4. On the other hand, learned counsel for the State vehemently opposes the submissions advanced on behalf of the petitioner and contends that no case whatsoever is made out for interference by this Hon’ble Court, as the impugned action has been taken strictly in accordance with law and upon due consideration of the material available on record. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In view of the undisputed factual position that the employee, 5 namely, Ramdas Anant, is still alive, and keeping in mind the settled legal principle that family pension is a post-retiral benefit payable only upon the demise of the government servant, the claim of the petitioner, who is admittedly the first wife of the employee, for grant of family pension during the lifetime of her husband is wholly misconceived and legally untenable. Since no provision of law permits grant of family pension to a spouse while the employee is alive, the relief sought by the petitioner cannot be entertained. 7. Accordingly, the present petition, being devoid of merit, is dismissed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat