1 2025:CGHC:46199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1281 of 2022 1 - Smt. Tarsheela Minz W/o Late Shri Phoolgens Minz Aged About 52 Years Behind White House, Uslapur Crossing Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Home Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - Chhattisgarh Police, Through Its Director General, Police Headquarters, Atal Nagar Nawa Raipur, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Superintendent Of Police District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Superintendent Of Police District Dantewada (South Bastar) Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh 5 - Superintendent Of Police District Surajpur, Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Prasun Kumar Bhaduri, Advocate. For Respondents No. 1 to 4 : Mr. Vedant Shadangi, Panel Lawyer NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10/09/2025 1. The petitioner has prayed for the following relief(s):- “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this application and direct the respondent State to provide medical assistance to the petitioner on topmost priority basis and also to provide adequate facilities towards education of her children.” 2. Learned counsel for the petitioner would fairly submit that according to the affidavit filed by the State, most part of the retiral dues have already been paid to the petitioner. 3. Learned State counsel would endorse the submissions made by counsel for the petitioner. 4. Heard. 5. Paragraph 4 of the affidavit filed by the State dated 9.3.2022, reads as follows: “4. That, in compliance of the order 24/02/2022 passed by the Hon'ble Court, the deponent respectfully. submits as under:- a. That, on 19-20/08/2008 the husband of the petitioner namely Phoolgens Minz was killed in naxal attack while working on the post of Head Constable No. 777. It is submitted that after the death of husband of the petitioner, all admissible retiral-cum- death claim were immediate paid to the petitioner which are mentioned herein below. b. That, the exgratia amount to the tune of Rs. 25000/- was immediately sanctioned and paid to the petitioner on 10/11/2008. Thereafter, the proceedings 3 for payment of retiral-cum-death cum were initiated immediately and accordingly the amount of Rs. 1,50,000/- under the head of GIS was sanctioned and paid to the petitioner on 10/11/2008. Similarly, a sum of Rs. 46,775/- under the head of GIS Part Payment was also sanctioned and disbursed to the petitioner on 10/11/2008. To demonstrate the above, copies of the orders dated 31/10/2008 sanctioning the payment of exgratia, GIS and GIS Part payment alongwith treasury bills are filed herewith as Annexure A/1 collectively. c. That, the deponent respectfully submits that the amount of Rs. 3,70,127/- under the head of DPF Part Payment was also sanctioned and disbursed to the petitioner on 17/04/2009 and to demonstrate the above, copy of the order dated 01/04/2009 alongwith the treasury bill is filed herewith as Annexure A/2 collectively. d. That, the amount under the head of leave encashment of Rs. 81,830/- was also sanctioned and paid to the petitioner on 24/11/2008 and to demonstrate the above, copy of the relevant page of the service book of the husband of the petitioner is filed herewith as Annexure A/3. e. That, the deponent respectfully submits that as the husband of the petitioner was martyred in the naxal accident occurred on 17/10/2008, under the provisions contained in the Chhattisgarh Police staff class- (Extra-Ordinary) Family Retirement Pay Rules, 1965, the extraordinary pension was sanctioned and further in the light of the amendments carried out in the circular / memo dated 29/09/1999 issued by the erstwhile State of M.P. Department of Finance, the special ex-gratia aid to the tune of Rs. 5,00,000/- was also sanctioned vide order dated 27/11/2008 and the same was paid to the petitioner on 22/12/2008. Το 4 demonstrate the above, copy of the order dated 27/11/2008 alongwith the treasury bill is filed herewith as Annexure A/4. f. That, primarily the extraordinary pension to the tune of Rs. 10,188/- per month including applicable dearness allowance was sanctioned and paid to the petitioner and similarly a sum of Rs. 4,07,484/-under the head of gratuity was also sanctioned vide order dated 29/04/2009 and to demonstrate the above, copy of the Pension Payment Order dated 29/04/2009 alongwith the pension calculation chart is filed herewith as Annexure A/5. A bare perusal of the pension calculation chart would demonstrate that the petitioner has two children namely Master Ankit Kumar Minj and Ku. Anisha Minj and for their education, a sum of Rs. 1018.8 each has been sanctioned. Thus, the petitioner has been provided adequate fund by the State Government for the purpose of education of her both children. g. That, the deponent further respectfully submits that upon the application moved by the petitioner for revision of pension on 7th pay scale, the Superintendent of Police, Bilaspur, vide letter dated 03/10/2018 (Annexure P/9), forwarded the application of the petitioner to the Superintendent of Police, District Dantewada for necessary action. Upon receipt of the same, the petitioner was supplied the documents for completing the necessary formalities vide letter dated 30/11/2018 with direction to revert back the same to the office of Superintendent of Police, District South Bastar Dantewada so that the revised pension case could be finalized, but, neither the petitioner responded the same nor the petitioner appeared in the office and when the petitioner was contacted on her mobile phone, then the fact came out that the petitioner 5 sustained injuries in the accident and she was admitted in the hospital between 29/08/2019 to 22/09/2019. Thereafter, a special messenger was deputed for getting the necessary formalities completed on 11/12/2020 and the messenger got the documents signed from the petitioner and the same was submitted by him in the office on 19/12/2020. Thereafter, a revised pension case was prepared and forwarded to the office of the Joint Director, Treasury, Accounts and Pension, Bastar on 04/01/2021 and the same is under consideration. To demonstrate the above, copy of the revised pension case prepared by the concerned office alongwith the letter dated 30/11/2018 is being filed herewith as Annexure A/6 colly. h. That, the deponent respectfully submits that a sum of Rs. 1,00,000/- under the head of charity (Paropkar) was also sanctioned and the same was paid to the petitioner on 12/02/2009 which was duly acknowledged by the petitioner. Further, under insurance scheme, the insurance amount to the tune of Rs. 10,25,000/- was also sanctioned and paid to the petitioner in the month of March, 2009 which was also acknowledged by the petitioner herself and to demonstrate the above, copies of the documents are filed herewith as Annexure A/7. From the aforesaid, it is respectfully submitted that all the admissible dues have already been sanctioned and paid to the petitioner. i. That, the deponent respectfully submits that the husband of the petitioner was martyred in the naxal incident while posting at Dantewada and in lieu of the death of her husband, the petitioner has been given appointment on the post of Constable (A) Daftari on compassionate ground vide order dated 07/10/2009 (Annexure P/5) in the pay scale of Rs. 4750-7440/- 6 plus grade pay of Rs. 1300/- as per the educational qualification possessed by her and posted at District Force, Dantwada where the petitioner joined the duty on 09/11/2009. It is respectfully submitted that after appointment of the petitioner, the admissible annual increment has been sanctioned time to time and accordingly the pay scale of the petitioner has been enhanced time to time. Further, under the Chhattisgarh Pay Revision Rules, 2017, the pay scale of the petitioner has also been revised and to demonstrate the above, copy of the relevant pages of the service book of the petitioner is filed herewith as Annexure A/8 collectively. A bare perusal of aforesaid documents would further reveal that the benefit of first time scale pay has also been sanctioned to the petitioner and accordingly the pay scale of the petitioner has also been revised. It is submitted that to demonstrate the fact that the petitioner is receiving the pay scale at the revised pay scale / enhanced rate, copy of the pay slip is being filed herewith as Annexure A/9 collectively. j. That, so far as the medical claim of the petitioner is concerned, the deponent respectfully submits that the petitioner sustained injuries in a road accident and for her treatment, the petitioner incurred amount between the period from 29/08/2019 to 22/09/2019 and against her treatment, the petitioner submitted medical bill for reimbursement which was got verified from the Civil Surgeon cum Chief Hospital Superintendent, District Surajpur where a sum of Rs. 1,55,295/-has been sanctioned for reimbursement vide order dated 03/09/2020. To demonstrate the above, copies of the form of application for medical reimbursement and the sanctioned order /certificate dated 03/09/2020 are filed herewith as Annexure A/10. Thus, the petitioner has been provided the 7 financial aid under the head of medical reimbursement. k. That, the deponent most humbly and respectfully submits that he is the duty bound to abide by and adhere to the directions / observations / orders issued by this Hon'ble Court. It is not a case where the petitioner has not been paid the retiral dues deliberately. It is respectfully submitted that after the death her husband, the petitioner has been provided all admissible retiral cum death claim immediately. Further, the petitioner has also been provided appointment on compassionate ground. Further, the pay scale and the family pension have also been revised time to time and paid to the petitioner.” 6. It appears that the respondents have already made payment of the admissible retiral dues to the petitioner, and accordingly, the petition is disposed of. However, the petitioner would be at liberty to revive his prayer, if cause of action still subsists. Sd/- (Rakesh Mohan Pandey) Judge Nimmi