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2026 DAILYLAW 6077 (CHH)

SMT. REKHA YADAV @ SUREKHA YADAV v. INDIRA GANDHI AGRICUTURAL UNIVERSITY

WPS/3069/2026 · 2026-04-07

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:15971 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3069 of 2026 1 - Smt. Rekha Yadav @ Surekha Yadav W/o Late Premlal Yadav Aged About 53 Years Resident Of Near Nutan High School Manokamna Hanuman Mandir, Bajrang Chowk, Yadav Mohalla, Tikrapara Raipur District- Raipur Chhattisgarh Mobile- 62669-97355 ... Petitioner versus 1 - Indira Gandhi Agricutural University Through The Chancellor Krishak Nagar Purena Raipur, District- Raipur Chhattisgarh 2 - Indira Gandhi Agricultural University Through The Vice Chancellor Krishak Nagar, Purena Raipur District- Raipur Chhattisgarh, 3 - The Dean Sant Kabir College Of Agriculture And Research Station Junwani Kawardha District- Kabirdham Chhattisgarh 4 - The Principal Sant Kabir College Of Agriculture And Research Station Junwani Kawardha District- Kabirdham Chhattisgarh 5 - Smt. Madhu Yadav W/o Late Shri Premlal Yadav Aged About 49 Years Resident Of Village Jora Ward No.28, Krishak Nagar Tahsil And District- Raipur Chhattisgarh, ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Rajesh Tiwari, Advocate For Respondents : Ms. Priyanka Rai, Advocate appears on behalf of Mr. Shashank Thakur, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.04.15 16:32:31 +0530 2 Order on Board 08/04/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “(a) Call for the entire records pertaining to the service and pensionary benefits of Late Prem Lal Yadav. (b) Issue an appropriate writ, order or direction, particularly in the nature of mandamus, directing the respondents to consider and grant family pension to the petitioner, she being the legally wedded first wife of the deceased employee, in accordance with law. (c) Direct the respondents to take a time- bound decision on the claim of the petitioner for grant of family pension and pass a reasoned and speaking order within a specified period from the date of receipt of a certified copy of the order passed by this Hon'ble Court. (d) Direct the respondents to release arrears of family pension to the petitioner from 05.02.2015 (date of death of the employee) till actual payment, along with interest. (e) Award costs of the petition to the petitioner. (f) Grant any other relief deemed fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submit that the husband of the petitioner Late Prem Lal Yadav was working on the post of Peon died on harness on 05.02.2015. The petitioner is a legally wedded wife. Her marriage was solemnized on 04.05.1992 and 3 from her wedlock with the deceased Prem Lal Yadav she is blessed with 2 sons namely Rahul Yadav & Shubham Yadav. After death of her husband the petitioner has submitted an application for grant of death-cum-retrial dues as also from the date of death of employee, however, till date the said amount of dues has not been disbursed. It is also the contention of the petitioner that when the entitlement of the petitioner was disputed, she has filed an application under Section 372 of the Indian Succession Act for grant of Succession Certificate before learned 2nd Civil Judge, Class 1, Raipur in Succession Case No.69/2015. The case of the Succession Certificate was allowed vide order dated 04.01.2022 and the learned Court has held the petitioner and two daughters of the second wife to be entitled for the death-cum-retrial dues. Petitioner thereafter has again submitted an application however, even than the said amount was not disbursed. The representation submitted by the petitioner dated 08.01.2022 till date is pending consideration, therefore, direction be issued to the respondents to take decision on the representation at the earliest. 3. Counsel for the respondent submits that if petitioner is only a seeking direction to consider and to take decision on the representation, it will be considered and appropriate order will be passed. 4. I have heard learned counsel for the parties and peruse the documents available on record. 4 5. Considering the facts and circumstances of the case in particular the pleadings of counsel for the petitioner that upon dispute raised by the second wife, the petitioner has submitted an application for grant of Succession certificate and it was ordered in favour of petitioner and the children of the deceased employee on 04.01.2022. Petitioner thereafter has submitted an application/representation 08.01.2022 and thereafter on 02.12.2025 and 04.12.2025 which are still pending for consideration, this writ petition at this stage is disposed of directing the respondents to consider the claim of the petitioner as mentioned in the representations referred above, keeping in mind the Succession Certificate issued by the Court of competent jurisdiction after hearing all the interested parties in accordance with law, at the earliest expeditiously preferably within further period of 2 months from the date of receipt of copy of this order. 6. With the aforesaid observation and direction, this writ petition stands finally disposed of. Sd/- (Parth Prateem Sahu) Judge Ravi Mandavi