1 CGHC010143252022 2026:CGHC:32611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3395 of 2022 * - Smt. Nirdosh Tiwari W/o Late Shri Kaushal Prasad Tiwari, Aged About 58 Years R/o Hatkachora, Jagdalpur, District Bastar Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director, Directorate Of Public Instructions, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The District Education Officer, District Bastar Chhattisgarh. 4 - The Secretary, Mata Rukmini Sewa Sansthan, Dimrapal, District Bastar Chhattisgarh. 5 - The Collector (Tribal Branch), District Bastar Chhattsgarh. ... Respondents For Petitioner : Ms. Diksha Jaiswal, Advocate holding the brief of Mr. Goutam Khetrapal, Advocate For Respondents No. 1 to 3 For Respondent No. 4 : : Ms. Saumya Sharma, Panel Lawyer Mr. Akash Pandey, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29/07/2026 1. Learned counsel for the petitioner would submit that the petitioner’s husband namely Kaushal Prasad Tiwari was employee of an aided educational institution. The petitioner has filed this petition with prayer to direct the respondents to release ex-gratia amount. 2. The State has informed to this Court that the petitioner’s husband was employee of an aided educational institution and there is no provision Digitally signed by RAMESH KUMAR VATTI Date: 2026.07.30 15:04:58 +0530 2 of grant of pension but she is entitled to get family pension under the EPF Act, 1952 therefore, this petition for grant of ex-gratia amount is not maintainable against State. 3. This fact has not been disputed by the learned counsel for petitioner that the services of petitioner’s husband were governed by the Employees Provident Fund Scheme, 1952 as he was working in the Government aided educational institution and the employer had deposited his contribution before the Commissioner Provident Fund. She would submit that since petitioner is entitled for grant of family pension and other benefits under the Employees Pension Scheme, 1995, a direction may be issued to the Commissioner, Employees Provident Fund Organization, Raipur though the authority is not party to this case, to consider the case of the petitioner for grant of family pension. 4. Accordingly, writ petition is disposed of directing the petitioner to submit family pension form before appropriate authority and in turn said authority shall take necessary steps with regard to grant of family pension to the petitioner. Thereafter, Employees Provident Fund Organization will release pensionary benefits to the petitioner within 02 months from the date it receives the form. 5. With the aforesaid observation and direction the present writ petition is disposed of. A copy of the order shall be forwarded to Employees Provident Fund Organization, Block D, Scheme No 32, Indira Gandhi Commercial Complex, Pandri, Raipur, Chhattisgarh 492004. Sd/- (Rakesh Mohan Pandey) Judge vatti