Smt. Leelawati v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8193 of 2019 Smt. Leelawati W/o Late Radheshyam Aged About 55 Years R/o. House No. 95, Kusmusi, Tahsil Bhaiyathan, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through: The Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Secretary, State Of Chhattisgarh, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh,

3. Executive Engineer, Water Resources Department, Division No. 1, Ambikapur, District Surguja Chhattisgarh

4. Accountant General Kosh, Lekha And Pension, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh

5. Joint Director, Kosh, Lekha And Pension, Ambikapur, District Surguja Chhattisgarh

6. Account Officer, District Koshalay, Ambikapur, District Surajpur Chhattisgarh --- Respondents For petitioner- Shri G.R. Miri and Shri Basant Kaiwartya, Advocates. For State-Smt. Richa Shukla, Dy.G.A.

For respondent No.4- Shri Raj Kumar Gupta, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 14/10/2019 Heard.

1.

Grievance of the petitioner is that the petitioner is widow of Radheshyam who died on 2/06/2015, thereafter she was getting pension being a widow. However, all of a sudden family pension payable to the petitioner was closed from 1/11/2017 for which she made correspondence with the treasury by Annexure P-3 dated 13/10/2018. It is contended that though the petitioner was found to be entitled for the pension, however same is not being released till date which would be evident from the document and as per circular dated 23/08/2018 which entitles the

petitioner to get pension and in any case pension could not have been stopped as it directly relates to survival of human being. 2.

Considering the grievance made, document shows that the petitioner was being paid pension after death of her husband, she being lady and subsequently after 2017 pension has been stopped, various correspondence which is placed on record they are only internal correspondence and the circular dated 23/08/2018 is also been placed on record, considering the same, it is directed that grievance of the petitioner for entitlement of the pension shall be decided within a further period of 30 days from the date of receipt of the order as necessarily it involves survival of human being.

3.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri