1 CGHC010274272018 2026:CGHC:34109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5907 of 2018  Smt. Bisahin Bai Wd/o Late Jagguram Chandrakar Aged About 55 Years R/o Village Baridih Police Station Ratanpur, Tahsil Kota, District- Bilaspur, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District- Raipur, Chhattisgarh. 2. Chief Engineer Office Of The Chief Engineer, Hasdev Kachhar, Department Of Water Resources Bilaspur Tahsil And District- Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Priyanka Rai Mishra, Advocate For State : Mr. Anil S. Pandey, Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.08 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ. commanding and directing the respondent authorities to resume the petitioner's family pension and also pay the petitioner the arrers of the pending pension to the petitioner. 10.2 That. Any other relief, which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.” 2. The facts in brief are that the petitioner is a second wife of the deceased SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.08.06 12:28:34 +0530 2 employee namely Jagguram Chandrakar, who was working on the post of Daftari (Peon) in Water Resources department. Jagguram Chandrakar died on 28.03.2006, and thereafter, dispute arose between first wife and children of Late Jagguram Chandrakar and the petitioner with regard to entitlement of retiral dues. A succession Case No. 17 of 2010 was filed by the first wife and her children before the Learned 4th Civil Judge Class I, Bilaspur and the petitioner was respondent in said case. The learned Court below issued a succession certificate in favour of first wife and her children vide order dated 03.09.2012. 3. Ms. Priyanka Rai Mishra, Advocate appearing for the petitioner would contend that the petitioner is also legally wedded wife of Late Jagguram Chandrakar, therefore, the respondent authorities should have granted family pension to her. She would submit that initially, for period of three months, family pension was paid to the petitioner, but after issuance of succession certificate said benefit was withdrawn. She would pray to allow this petition. 4. On the other hand, Mr. Pandey would submit that name of first wife was entered in service record of the deceased Government servant and further succession certificate was also issued, therefore, department granted family pension to the first wife. He would submit that the order passed by the learned Civil Judge in Succession Case No. 17/2010 attained finality as it was not challenged by the petitioner before superior Court. He would contend that writ petition deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Admittedly, the petitioner is a second wife of the deceased Government 3 servant Jagguram Chandrakar. There was dispute, therefore, Succession Case No. 17/2010 was filed before the competent Civil Court. The learned Civil Court granted succession certificate in favour of his first wife and her children vide order dated 03.09.2012 and said order attained finality as it was not challenged by the petitioner before the superior Court. Initially the petitioner was granted family pension for period of three months, but after issuance of succession certificate, it was stopped and said benefit was extended to the first wife of the deceased Government servant. 7. Having considered the above-discussed facts, in my opinion no case is made out for interference. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant