1 2025:CGHC:55798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3143 of 2019 Vivek Kumar Tiwari S/o Late Gajanand Tiwari Aged About 43 Years R/o Gandhi Chowk, Brahman Para, Rajnandgaon Chhattisgarh. ... Petitioner. Versus 1. State of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2. Deputy Director Department Of Urban Administration And Development (Pension), Mahanadi Bhawan, Naya Raipur Chhattisgarh. 3. Municipal Corporation Rajnandgaon District Rajnandgaon Chhattisgarh. 4. Commissioner Municipal Corporation Rajnandgaon, District Rajnandgaon, Chhattisgarh. 5. Establishment Head Municipal Corporation, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Rajendra Kumar, Advocate on behalf of Mr. Shobhit Koshta, Advocate. For Res No.1 & 2/State : Mr. Rajeev Bharat, Govt. Advocate. For Res No.3 to 5 : Mr. Aniruddha Shrivastava, Advocate Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.11.17 16:19:38 +0530 2 SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 17.11.2025 1. This Writ Petition has been filed assailing the order dated 23.11.2015 (Annexure-P/8) passed by respondent No.5 rejecting claim of family pension on the ground that disability certificate of daughter the deceased employee, namely, Ku. Gudiya @ Yogmaya was filed after death of deceased employee, namely late Shri Gajnan Tiwari and that petitioner failed to establish that at the time of death, Ku. Yogmaya was dependent as a disabled person on deceased employee in terms of Rule 47 (6) of the CG Civil Services (Pension) Rules, 1976 (hereinafter referred to as the "Pension Rules"). 2. It is pertinent to mention here that petitioner is son of deceased employee, namely, late Shri Gajanand Prasad and claim was filed by her sister, namely, Ku. Gudiya Tiwari @ Yogmaya. However, Ku. Yogmaya was died on 03.11.2018. 3. Learned counsel for the petitioner submits that sister of petitioner, namely, Ku. Yogmaya was mentally challenged since her birth and she was entitled for benefit of pension of her father late Shri Gajanand Tiwari as Pension Rules. After death of father, present petitioner has filed Certificate of Mental Retardation (Annexure- P/2) issued by the Medical Officer, District Hospital Rajnandgaon on 07.09.2013 before the concerned Authority, however, the 3 Authority without any proper enquiry only on the ground that said certificate has been filed belatedly, rejected the claim for pension. Unfortunately, petitioner's sister was also died on 03.11.2018. Therefore, this petition has been filed for direction to Authorities to release arrears of pension in respect of his sister Ku. Yogmaya who was dependent to her father at the time of his death. 4. At this juncture, learned counsel for the petitioner would submit that this petition may be disposed of directing concerned Authorities to re-examine the claim of Ku. Yogmaya @ Gudiya and also to conduct enquiry as to whether at the time of death of deceased employee, she was entitled for benefit of pension as per relevant Rules or not and speaking order may be passed accordingly. He also submits that if the concerned Authority records a finding in favour of the petitioner and her sister, the pension amount may be treated as estate of Ku. Yogmaya and same may be disbursed to legal representatives of Ku. Yogmaya after requisite formalities. 5. Learned counsel for respective respondents would not oppose the aforesaid prayer. 6. Having considered the submission of learned counsel for the parties and after perusing the impugned order, it appears that proper enquiry was not conducted in light of Rule 47 of Pension Rules while rejecting the claim for family pension. However, from disability certificate issued by the concerned Authority, it appears 4 that Ku. Yogmaya, daughter of deceased employee was mentally challenged and such disability continues up-till her death i.e. 03.11.2018. 7. Considering the aforesaid aspects and facts' situation of the case, the petitioner is directed to furnish all available evidence/document supported by an affidavit of close relatives of Ku. Yogmaya @ Gudiya within a period of 30 days from this order before the concerned Authority relating as required for pension in respect of Ku. Yogmaya. In turn, the concerned Authority upon scrutiny of aforesaid evidence and after conducting proper enquiry, if required, shall pass speaking order within outer limit of further six months. Further, if the Authorities reached to conclusion that Ku. Yogmaya was entitled for pension then pension shall be treated as estate, as she is reported to be died on 03.11.2018, and thereafter the arrears of pension be disbursed to legal representatives of Ku. Yogmaya after completing requisite formalities. 8. With the aforesaid observation and direction, this petition stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay