Smt. Sumitra Dhritlahre v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4112 of 2018 Smt. Sumitra Dhritlahre Wd/o Late Hemuram Dhritlahre, Aged About 50 Years R/o Village Chhatona, Police Station Mandir Hasoud, District Raipur, Chhattisgarh.

---- Petitioner

Versus

1. The State of Chhattisgarh, (Directorate Veterinary Services, Chhattisgarh), Naya Raipur, District Raipur, Chhattisgarh.

2. Deputy Director, Veterinary Services, Bijapur, District Bijapur, Chhattisgarh., District : Bijapur, Chhattisgarh

3. Smt. Sona Bai Dhritlahre Wd/o Late Hemuram Dhritlahre, (So Called), Aged About 40 Years R/o Village Devnagar, Police Station Surajpur, District Surajpur, Chhattisgarh.

---Respondents For Petitioner :

Mr. Malay Kumar Bhaduri, Advocate For State :

Mr. S.P. Kale, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/06/2018

1. The grievance of the petitioner in the present writ petition is non-settlement of the death-cum-retiral dues payable to the petitioner on the death of her husband late Hemuram Dhritlahre, who died in harness on 11.11.2011.

2. The petitioner undisputedly is the legally wedded wife of the deceased employee and the same is also reflected from the nomination papers which are available in the office of respondents No.1 & 2.

3. The only dispute appears to be a succession dispute raised by the respondent No.3 claiming herself to be the widow of the deceased employee, but the succession case filed by the respondent No.3 also stands decided, whereby the succession case was rejected.

-24. Now that the succession case filed by the respondent No.3 having being rejected and the name of the petitioner also finding place in the nomination papers in the department, this Court does not find any reason for the respondents not to settle the death-cum-retiral dues payable to the petitioner. Moreover, the petitioner in the past has already been paid the gratuity amount, which fell due on the death of the deceased employee Hemuram Dhritlahre.

5. Given the aforesaid facts and circumstances of the case, it is directed that the respondents No.1 & 2 shall take appropriate steps for releasing the balance of retiral dues to the petitioner at the earliest. If required, the respondents may take an undertaking from the petitioner so far as the appeal which the respondent No.3 has preferred before the District Court at Surajpur while releasing the retiral dues.

6. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Ved