NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 37 of 2023

1 - Smt. Gelmani Diwan W/o Late Shri Puranlal Diwan Aged About 52 Years R/o Village And Post Seoni, Tahsil Bastar District Bastar (C.G.)

... Petitioner(s)

versus VISHAKHA BEOHAR

1 - State Of Chhattisgarh Through Its Secretary, Department Of Health, Digitally signed by VISHAKHA BEOHAR Mantralay, Naya Raipur P.S. Rakhi District Raipur (C.G.)

2 - Collector Bastar Collector Office Jagdalpur District Bastar (C.G.) 3 - Divisional Joint Director Treasury Account And Pension, Bastar Division, Jagdalpur District Bastar (C.G.) 4 - Block Medical Officer Community Health Centre Bastar, District Bastar (C.G.)

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner(s) :- Mr. Vikas Patel, Advocate appears on behalf of Mr. P.K. Tulsyan, Advocate For State :- Mr. Arpit Agrawal, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

15.01.2026

1. By way of this petition, the petitioner is aggrieved by the arbitrary denial of family pension by the respondent authorities after the death of her husband, late Shri Puranlal Diwan, former Supervisor in the office of the Block Medical Officer, CHC Bastar, Jagdalpur, who died on 23.09.2020 after retirement, on the ground that the petitioner is the second wife, ignoring Section 22(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976, which permits a second marriage with State permission duly obtained by the deceased, and despite repeated representations, the petitioner has been unlawfully denied her rightful pension.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“a. This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner demand.

b. This Hon'ble Court may kindly be pleased to issue appropriate writ commanding the respondent authorities to start the family pension of the petitioner in accordance with law. c. This Hon'ble court may kindly be pleased to quash the order dated 25.03.2022 (Annexure P-

1) issued by the respondent authority.

d. Any other relief as the Hon'ble Court may be deemed fit and proper with cost of petition.”

3. Facts of the case are that the petitioner is a second wife of late Shri Puranlal Diwan, who served as Supervisor in the office of the Block Medical Officer, Bastar District Bastar, and died on 23.09.2020 after retirement, while his first wife had predeceased him on 26.07.2020 without leaving any issue; the petitioner was duly recorded as wife and nominee in the service records of the deceased, and despite submitting several representations seeking release of family pension, the respondent No.3 rejected her claim vide order dated 25.03.2022 solely on the ground that she is the second wife, ignoring Section 22(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976, which permits a second marriage with prior permission of the State, duly obtained by the deceased, thereby illegally denying the petitioner her lawful family pension.

Hence the present petition.

4. Learned counsel for the petitioner submits that the action of the respondent authorities in withholding the family pension of the petitioner is illegal, arbitrary and unsustainable in law. It is submitted that the petitioner’s name was duly recorded in the nominee form as well as in the service records of the deceased employee, which clearly establishes that late Shri Puranlal Diwan had obtained prior permission for contracting a second marriage in accordance with Section 22(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976. It is further submitted that the respondents have failed to assign any valid or lawful reason for denial of family pension and have overlooked their statutory duty to ensure timely disbursement of retiral and family pensionary benefits