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2026 DAILYLAW 34459 (CHH)

SWAMI ANAND GIRI @ DR. MISS GAYATRI DUTTA v. STATE OF CHHATTISGARH

WPS/215/2022 · 2026-08-30

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010011372022 2026:CGHC:38281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 215 of 2022 1 - Swami Anand Giri @ Dr. Miss Gayatri Dutta D/o Late Pranab Kumar Dutta Aged About 62 Years R/o Mig 9/1, Kmda Nagar, P.O.Sewli, Telenipara, Police Station Titagarh, 24 Paraganas, Revenue And Civil District Kolkata, West Bengal Pin 700121 ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Health Department, Mantralay, Raipur Chhattisgarh 2 - The Secretary, General Administrative Depatment Pension Redressal Committee, Raipur Chhattisgarh 3 - Joint Director Treasury, Account And Pension Raipur, Revenue And Civil District Raipur, Chhattisgarh 4 - Chief Medical And Health Officer Old Nursing Hostel, D.K.S.Building Premise, Raipur, Revenue And Civil, District Raipur Chhattisgarh ---- Respondents For petitioner : Mr. K.L. Sahu, Advocate For State : Mr. Vivek Mishra, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31.08.2026 1. The petitioner has filed this petition seeking following relief (s) : “A. That Honorable court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. B. That this Hon'ble Court may kindly be pleased to issue an appropriate -2- writ/order/direction to the respondent authorities to decide the representations dated 06.05.2017 for granting family pension after death of her father and mother with arrears and interest @12 percent per annum as per order passed by this Honorable High Court in WPS 655/2017 dated 08.02.2017. C. Any other relief which this Hon'ble Court deems fit and proper may be passed in view of the facts and circumstances of the case may be granted. D. Cost of the petition may also be awarded.” 2. Learned counsel appearing for the petitioner would submit that the father of the petitioner, namely, Pranab Kumar Datta, was working on the post of Deputy Director in the Health Department and retired from service on account of superannuation on 31.01.1987. He would further submit that he died on 16.09.2014. He would contend that the mother of the petitioner and wife of late Pranab Kumar Datta died prior to the death of late Pranab Kumar Datta on 06.09.2012. It is argued by Mr. Sahu that after the death of Pranab Kumar Datta, the petitioner, being unmarried daughter, is entitled to family pension. It is also contended that the petitioner is unmarried and, until she gets married, she is entitled to contributory family pension according to Rule 47 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, ‘the Rules of 1976’). He would pray for a direction to the respondent authorities to grant family pension. 3. On the other hand, Mr. Mishra, learned Panel Lawyer appearing for the State/respondents, would oppose the submissions. He would argue that an unmarried daughter becomes entitled to family pension after the death of a retired Government servant until she 3 attains the age of 24 years or gets married. He would submit that though the petitioner is an unmarried daughter of the deceased Government servant but she has already attained the age of 24 years and, therefore, she is not entitled to family pension. He would contend that this petition deserves to be dismissed. 4. Heard learned counsel appearing for the parties and perused the documents placed on record. 5. Rule 47(6)(iii) of the Rules of 1976 states that an unmarried daughter would be entitled to family pension until she attains the age of 24 years or until she gets married, whichever is earlier. 6. In the present case, it is case of the petitioner that she is an unmarried lady, but she has already attained the age of 24 years. Therefore, according to the provisions of Rule 47(6)(iii) of the Rules of 1976, she is not entitled to the grant of family pension. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha