Smt. Kevra Bai Gond v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3541 of 2020 Smt. Kevra Bai Gond W/o Late Shri Babulal Sidar Aged About 48 Years R/o Village Kanakot, Police Station And Tahsil Dabhra, District Janjgir-Champa, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. District Education Officer, Janjgir-Champa, District Janjgir-Champa, Chhattisgarh.

3. Block Education Officer Malkharoda, District Janjgir-Champa, Chhattisgarh.

4. Joint Director, Treasury And Pension And Account Janjgir-Champa, District Janjgir-Champa, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate For State :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

03.09.2020 Heard

1. Learned counsel for the petitioner submits that the husband of the petitioner namely Late Babulal Sidar has passed away on 11.10.2019 who was employed as Upper Division Teacher at Government Primary School, Mandragodi, Block Malkharoda, District Janjgir-Champa and thereafter the petitioner who is wife though has filed an application to get retiral benefit as is available to the wife, the same is undecided and lastly an application was filed on 19.12.2019, therefore, the respondents may be directed to decide the entitlement of the petitioner and release the pensionary benefit, which is available to the wife within a short span of time.

2. The documents attached with the petition would show that Babulal Sidar died on 11.10.2019, thereafter, the petitioner who claims to be wife of the

deceased has filed an application and the application Annexure P-2 appears to have been received on 19.12.2019, which is also attached with the affidavit of Pradeep Kumar Sidar, Durgesh Kumar Sidar, Saraswati Kumari & Devendra Sidar, all sons & daughters of the deceased and they have stated that the pensionary benefit may be released in favour of the mother.

3. Considering the document Annexure P-2, which appears to have been sent on 19.12.2019 to the Block Education Officer, the respondent No.2 & 3 is directed to decide the claim of the petitioner within a period of 45 days from the date of receipt of a copy of this order and thereafter shall process the claim of the petitioner so that pensionary benefit may be allowed to the petitioner.

4. With the above observation, this writ petition stands finally disposed of. Sd/- Goutam Bhaduri Judge Aks