1 CGHC010038882020 2026:CGHC:39471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 807 of 2020 * - Khairun Bee Aged W/o Late Jahiuddin Khan, About 54 Years R/o Village Bagdai, P.O Dongargao P.S Dongargaon, District : Rajnandgaon, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Water Resources Department Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - Chief Executive Officer Water Resources Department, District : Raipur, Chhattisgarh 3 - Deputy Director Water, Weather Department Region No.-04 Raipur, District : Raipur, Chhattisgarh 4 - Collector Gariyaband, District : Gariyabandh, Chhattisgarh 5 - Hamida Bano W/o Jahiuddin Khan Aged About 45 Years R/o Village Nahar Gaon Tehsil Gariyaband (Proposed Wife), District : Gariyabandh, Chhattisgarh ... Respondents For Petitioner : Mr. Aditya Shrivastava, Advocate holding the brief of Mr. B.P. Singh, Advocate For Respondents No. 1 to 4 : Mr. T.L. Bareth, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 09/09/2026 1. The petitioner has filed this petition seeking the following reliefs:- “10.1 That this Hon’ble court may kindly be pleased to call for entire records. 10.2 That this Hon’ble court may kindly be pleased to direct the respondent authorities to provide pensionary benefits and other monetary benefits with the immediate effect. Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.09 21:15:28 +0530 2 10.3 That any other relief which this Hon’ble Court deems fit and proper may also be granted in favour of the petitioner safeguarding her interest.” 2. The facts, in brief, are that the petitioner has claimed herself as legally married wife of late Jahiuddin Khan, who was working on the post of Watchman in Water Resources Department. He died on 02.11.2019. The petitioner has pleaded that she was married to late Jahiuddin Khan 40 years ago and there are 03 issues from their wedlock. It is also pleaded that the husband of the petitioner started staying along with respondent No. 5 namely Hamida Bano, though the marriage between the petitioner and late Jahiuddin Khan was never dissolved and an application for grant of maintenance was also moved by the petitioner before the learned Family Court and an order was passed in her favour on 17.08.2017. The petitioner has also pleaded that representations were made after death of her husband claiming therein pensionary benefits, but till date no heed has been paid. 3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the first and legally married wife of late Jahiuddin Khan, whereas respondent No. 5 is second wife and the marriage between the petitioner and late Jahiuddin Khan was never dissolved. He would contend that the petitioner has made various representation after death of her husband with regard to pensionary benefit, but till date, no decision has been taken. He would submit that the petitioner may be permitted to make a detailed representation before the respondent No. 2 and in turn, the said authority may be directed to take appropriate decision with regard to grant of pensionary benefits. 3 4. Learned Panel Lawyer appearing for the State would argue that there is dispute between the first wife and second wife of late government servant and therefore, the claim of the petitioner has not be considered yet. He would contend that the petitioner should have approached the competent authority claiming therein right to get pensionary benefits. He would contend that this petition deserves to be dismissed. 5. Heard learned counsel for the parties and perused the documents. 6. Having considered the facts discussed above, the petitioner is granted liberty to make a detailed representation before the respondent No. 2 and in turn, the authority concerned is directed to decide the representation so made by the petitioner expeditiously strictly in accordance with law after affording due opportunity of hearing to the respondent No. 5. 7. With the aforesaid direction(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti