Smt. Sandhya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(S) No. 1964 of 2021

1. Smt. Sandhya W/o Satyaprakash Nagesh Aged About 49 Years R/o Jhanda Chowk Shitala Colony Pandari, Raipur, Tahsil And District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration Mahanadi Bhawan Atal Nagar Mantralaya , Raipur Chhattisgarh.

2. Municipal Corporation Raipur Through The Commissioner Municipal Corporation Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Respondents For Petitioner :

Shri Hemant Kesharwani, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

For Respondent No.2 :

Shri Pankaj Agrawal, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/06/2021

1. The grievance of the petitioner seems to be the non granting of the family pension to the petitioner which the respondent No. 2 was supposed to provide in accordance with the law laid down by this Court in the case of Lakhan Ram Sahu & Ors. Vs. State of Chhattisgarh & Ors. in Writ Appeal No. 281 of 2013, decided on 26.02.2015.

2. Learned counsel for the respondent No. 2 however raises an objection that the judgment of the Division Bench of this Court came subsequent to the death of the deceased employee.

3. Given the said facts of the case, the writ petition at this juncture stands disposed of directing the respondent No. 2 to take a decision in accordance with the rules governing the field, keeping in view the judgment of the Division Bench of this Court rendered in the case of Lakhan Ram Sahu (Supra). Let an appropriate decision be taken at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha