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High Court Of ChhattisgarhWPS/905/2020disposed off

Sitaram Dhruw v. Chhattisgarh State Power Distribution Company Limited

2020-02-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WP(S) No. 905 of 2020 Sitaram Dhruw, S/o. Firanta Gond, Aged About 66 Years, L.A. Gr.-II, Retired, Magarload Distribution Centre, Kurud, P.S./Tehsil Magarload, DistrictDhamtari, Chhattisgarh. ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Company Limited, Through The Managing Director, Raipur, District- Raipur, Chhattisgarh.

2. Executive Engineer, (O & M) Division, C.S.P.D.C.L. Kurud, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Ritesh Verma, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 12.02.2020 1.

Grievance of the petitioner is that the petitioner's first wife namely Devki Bai Dhruw was named as nominee in the pension papers, she died on 30.10.2006. Subsequently, the petitioner has named the second wife Hema Bai to be the nominee and has sent the notice under the Chhattisgarh Civil Pensions (Commutation) Rules, 1976. It is contended that despite the fact the notice was sent, the said application for change of nomination has not been decided. It is stated that the respondents may be directed to decide the application of the petitioner as per the Chhattisgarh Civil Pensions (Commutation) Rules, 1976 within a stipulated period as no communication till date has been made.

2.

Perusal of the document shows that the first wife Devki Bai has died on 30.10.2006 and subsequently, the petitioner has married to Hema Bai as per Annexure P-3, the marriage certificate has been placed on record. The application further shows that the petitioner has sent an application to the respondents to change the name of nomination as the first wife has died. It

is stated that the application Annexure P-4 for change of nomination was sent, however, no receipt is attached that it was delivered. Consequently, the petitioner is given liberty to file a fresh application within a period of 3 weeks to change the nomination along with the relevant documents to the respondents. If such application is filed, the same shall be decided within a period of 45 days from the date of receipt of the application. 3.

With the aforesaid observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge ashok