Smt. Fulmani Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6253 of 2019 Smt. Fulmani Yadav W/o Late Shri Sonsay Yadav Aged About 59 Years R/o Village Farsajudwain, Post Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, (Resham Department) Rural Industries Mantralay, Mahanadi Bhawan, Atal Nagar District New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director Directorate Of Rural Industries, (Resham Department) Chhattisgarh, Indrawati Bhawan, Block 1, 4th Floor, Atal Nagar District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Assistant Director (Resham), Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

4. Joint Director Treasury, Account And Pension, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

5. Joint Director Treasury, Account And Pension, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner :

Ms. Varsha Sharma, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 20/08/2019

1. The claim of the petitioner in the present writ petition is for a direction to the respondents to consider her claim for release of family pension.

2. Facts of the case is that husband of the petitioner was working under the respondents as a Contingency Paid Employee. Husband of the petitioner

was appointed under respondents initially in the year 1982 and in due course of time, he was regularized in service on 27.09.2008. However, husband of the petitioner died in harness on 26.05.2011. According to the petitioner the husband had put in around 39 years of service before his death. Therefore, he was entitled for grant of pension under Chhattisgarh Work Charge Contingency Paid Employees Pension Rules, 1979. According to the petitioner the husband had attained a status of a permanent employee having put in 15 years of service and thus became eligible for pension under Pension Rules of 1979.

3. Given the aforesaid factual matrix of the case, this Court is of the opinion that the case of the petitioner needs consideration by respondent No. 2 to

4. Let respondent No. 2 to 4 consider the case of the petitioner for grant of release of family pension in terms of Rules of 1979. Let appropriate decision be taken at the earliest preferably within a period of four months from the date of receipt of copy of this order. While deciding the same, respondents are also directed to keep in view the judgment of the Division Bench of this High Court dated 26.2.2015 passed by the Division Bench of this Court in WA No.281 of 2013 (Lakhanram Sahu and others Vs. State of Chhattisgarh and others) and other connected writ appeals.

4. With the aforesaid observation, writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit