1 2026:CGHC:13888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2833 of 2021 1 - Meera Upadhyay Wd/o Late Shri K. K. Upadhyay Aged About 75 Years Permanent R/o House No. 88, Azad Ward Near Nanaghat, Mandla, District Mandla M. P. Currently Residing At C/o Vinod Pandey (Engineer) Devi Kusum Villa, Kilapara, Rajnandgaon Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribal Welfare Department, Mahanadi Bhawan, P. S. Mandir Hasaud, Naya Raipur District Raipur Chhattisgarh 2 - State Of Madhya Pradesh Through Its Secretary, Scheduled Caste And Scheduled Tribal Welfare, Bhopal Madhya Pradesh 3 - Commissioner Tribal Welfare Department, Raipur District Raipur Chhattisgarh 4 - Joint Director Accounts And Treasury Department, Near Ghadi Chowk Raipur Chhattisgarh ---- Respondents For petitioner : Mr. Pallav Mishra, Advocate For State : Mr. Anil S. Pandey, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.03.2026 Heard. 1. The petitioner has filed this petition seeking following relief(s) : “(a) Issue the writ of Mandamus directing the respondents to settle the service benefits and retiral dues and other benefits to which the husband of the petitioner would have been entitled had he been alive or he retired. -2- (b) Any other relief/direction as may be deemed fit in the fact and circumstances of the case.” 2. Mr. Mishra, learned counsel appearing for the petitioner would submit that at the relevant time, husband of the petitioner namely late Shri K.K. Upadhyay was posted on the post of Block Development Officer at Gourela, Pendra, District Bilaspur. On 22.10.1991, an offence under the provision of the Prevention of Corruption Act, 1988 (for short’ the Act of 1988’) was registered against him. In the year 1991, he was a Government servant working under the State of Madhya Pradesh. He would further submit that he was convicted and sentenced vide judgment dated 29.07.1998 passed by the learned Special Judge, Bilaspur in Special Case No.1/1995 under Sections 7 & 13 (1)(d) read with Section 13(2) of the Act of 1988. He would contend that a Criminal Appeal No.1725 of 1998 was preferred which was allowed vide judgment dated 30.08.2012. He would further contend that husband of the petitioner moved various representations before the respondent authorities to consider his case for reinstatement and payment of arrears of salary but no heed was paid. He would submit that a Writ Petition(S) No.938 of 2013 was filed which was disposed of vide order dated 11.04.2013 and a direction was issued to the respondent authorities to consider his representation within a period of three months. He would further submit that the representation made by the petitioner was rejected by the authorities of the State of Chhattisgarh vide order dated 24.12.2013 on the ground that at the relevant time, husband of the petitioner was a Government servant working under the State of 3 Madhya Pradesh. He would submit that the petitioner may be permitted to make a representation before respondent No.2 i.e. State of Madhya Pradesh and a direction may be issued to respondent No.2 to decide it expeditiously within a stipulated time. 3. On the other hand, Mr. Pandey, learned Government Advocate appearing for the State of Chhattisgarh would oppose submissions. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. There is no representation on behalf of respondent No.2 i.e. State of Madhya Pradesh despite service of notice. 6. Taking into consideration submissions advanced by Mr. Pallav Mishra, this petition is disposed of reserving liberty in favour of the petitioner to make a detailed representation before respondent No.2 i.e. State of Madhya Pradesh within a period of 30 days from today and in turn, the authority concerned is directed to decide it in an objective manner preferably within a period of 120 days from the date of receipt of a copy of this order. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha