.5 d^' BEFORE HON'BLE HIGH COURT OF JUEEICATURE AT BILASPUR (C.G.) w .P. No. ±1-"2J^-_ aE 2003 / PETITIONER sinaia RESPONDENT »••' ^s^^-'"" •^^'y.-y"^ s >'c",'c^'\;^.^'""" ^- ^&'o'L'^?.^'"" ><6S;C^-" SMT. VSllf. PETHKAR, age about 61 years widilw a£ Late Shri Vassnt Pethkar residect Near Hanuman Mandir, Budhapara, Raipur (CG..) •VERSUS 1., STATE OF CHHATTISGARH, through the Secretary Department of Revenue (Pension), Mantralaya Raipur (CG.) 2. THE ASSISTANT CONTROLLER, Govt. Regional Printing Press, Rajnandgaon (CG.) PETITION UNDER ARTICLES ^26/22'? OF THE CONSTITUTION OF JNEiEA FOR ISSUANCE OF AI<I APPROPRIATE WStT : ICTION AND/OR OREER ® HI6H COURT OF CHHATT[S0ARH AJ KELASPUR Single Bench; Hon'ble Mr. Justice Satish K. Agnihotri. Petitioner W.P.No. 1127 of 2003 Smt. Udia Petiikar Verais Reqiondents Starte of ChharM'isgarh & another present; Shri &jnil Sohu, Advocate for the petitioner. Shri A.S. Knchhawaha, Sovemment Advocate for the State/respondents. ORbEft :1h (6n December, 2006) 1. The petitioner is the wicbw of Late Shri Vasont Pe-thkar, who retired as Binder in the fiovemment Printing Press, ftajnondgaon (C.6.) on 30.04.1992 on attaining the age of superannuation. Jhe dteceased Shri Vasont Pe'thkar was gronted pension and had been receiving pension till he died on 1.10.1992(Annexure P-2). 2. The petitioner being the widow of Late Shri Vosant Pethtor, approached the authorities for 9ront of family pension assert-ing that she is entitled to the same un<ter Rule 48 of Madhya Pradesh Civil Services (Pension) Rutes, 1976. y- ^'.^^^^sS'^s's^ 3. The petitioner was denied family pension on the only ground that the husband of the petitioner had not nominated her in the nomination form. There is no other ground to deny tiie family pension that the petitioner was not eligibfe to gst family pension. 4. In the meantime, the petitioner approached the Second Civil Judge Class-I, Rajnandgaon, who, by order/decree dated 29 July, 1994 passed in Miscelbneous Case No. 6/93 declared that the petitioner is •the sole successor of deceased Late Shri Vasant Pethkar os under :- "4- ^T^ 3.RTW ait^R*l ^ wsft R'II^I* ^ <ft sra^ ww i^q? Wl T^ W^ ^ SII^Rcbl ?Pt ^RT t)dct>'< ^T T?q? Tfra vAwf'iif^icbi'n ?^TT ^wr 1^rr t i ^^ ^ '^^ 4 srrtt^?r ^ ^ft fllRE!* •CTffST ^t t ^ra5t ^r I-R^T ^oTflo-i ^ ^ ?t?TT t ^TFFt ^T Pl<4-s|tp ?ira<pl« gaiuiici<) '(iui*iic,<iiq EFRT yi^*i ^t f^ ^ra?r teq^r ^t ^TT W<T ^PT^ ^5 \iCTf'<l|S|<t>|<i OTm ^51 ^R^cT l^ 'uir^ i^ P'l^Rid ft5W Trar t 5^ v^n 3ll^R*i ^t 31'y'f^d ^sv ^ 'q? OTlftra' ^n t f^ q? iRRT ^OT^f ^t ^ Tff5[ <i^';llSl*l'ft t sft^ ^FRT ^64>-i ^ ^ ^D^ qTcft ^FT q5f gcbcil'! t 1" • iisai .: .•i..:i-;'?'sv'SS.j^^^^ ::i:':;SssJS:S^B8 •'S'.T' •'•"• ':"'"''''s'-~'-^'^SSsSsg»i 5. The said order passed by the Second Civil Judge Class-I, Rajnandgaon has attained finality as the order remams unchallenged. 6. In view of the above clear order passed by the Second Civil Judge Ctass-I, Rajnandgaon, the objection ruised by the reqiondents/authorities deserve to be over-ruled and the petitioner, bwng sole legal heir of -the deceased Late Shri Vasant Pethkar. is entitled to -the family pension. 7. Thus, -the writ petitiwi is albwed cnd the respondents/authorities are directed to release the family pension to the petitioner within a period of four weeks from the date of receipt of a copy of -this order. No order as to costs. Sd/- Satish K. Ag Judge Si&hoEih