2026:CGHC:7568-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5822 of 2023 Filisita Lakra Wd/o Late Shri Lobin Lakra Aged About 68 Years R/o House No.28, Ward No.02, Koyla Kachhar, Goriya, Tehsil Kunkuri, Jashpur, District :

Jashpur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Finance, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh

2 - Director Directorate Of Treasury, Accounts And Pension, Department Of Finance, Government Of Chhattisgarh, Indravati Bhawan, Sector 19 Kotara Bhantha, Atal Nagar Nava Raipur, Chhattisgarh 492101.

3 - The Inspector General Of Police Surguja Range, Ambikapur, District :

Surguja (Ambikapur), Chhattisgarh

4 - The Commandant 10th Battalion Chhattisgarh Armed Force, Surajpur, Kanakpur Silfili, District : Surajpur, Chhattisgarh

5 - Divisional Joint Director Treasury, Account And Pension, Surguja Division Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

6 - The Treasury Officer Surguja, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

7 - The Treasury Officer Jashpur, Jashpur Nagar, District : Jashpur, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Ashish Beck, Advocate.

For Respondent(s) : Mr. Prasun Kumar Bhaduri, Deputy Advocate General Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

11/02/2026

1. Heard Mr. Ashish Beck, learned counsel for the petitioner. Also heard Mr.

Prasun Kumar Bhaduri, learned Deputy Advocate General for the State/respondents.

2. By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 That, the Hon'ble Court may kindly be pleased to pass order/direction holding that the Chhattisgarh Police Karmchari Varg Asadharan Parivar Nirvritti Vetan Niyam 1965 is ultra vires qua the discrimination it makes to the mother of the deceased police personnel in respect of grant of extraordinary family Pension after the death of the father of the deceased.

10.2 That, the Hon'ble Court may kindly quash the impugned orders dated 13-12-2021 (ANNEXURE-P/2)

and 20-12-2021 (ANNEXURE-P/3)

10.3 That the Hon'ble Court may kindly pass order in nature of mandamus to the respondent State and concerned authorities directing them to reform the discriminatory law against the mother of the deceased police personnel vis a vis the mother of non-police government employees.

10.4 That the Hon'ble Court may kindly direct the respondent authorities to grant family pension to the petitioner along with arrears and interest at the existing Bank interest rates.

10.5 That, the Hon'ble Court may kindly be pleased to pass any other order/direction granting any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. The facts, as projected by the petitioner are that the petitioner is the mother of Late Ignatius Lakra who was a Police Constable (Constable No. 450) in the 10 Battalion of Chhattisgarh Armed Force, at Surajpur. On 11.12.2002 petitioner's son was martyred as a result of encounter between Police Force and Naxals, at a young age of 21 years and left behind his father Lobin Lakra, his mother i.e. the petitioner and an elder brother and two sisters. Lobin Lakra, the father of martyr Ignatius Lakra was receiving family pension after the death of his son. But Lobin Lakra also expired on 23-08-2020. Before his death, Lobin Lakra was receiving pension from Treasury Office, District-Jashpur through the State Bank of India, Branch- Kunkuri.

4. According to Mr. Beck, learned counsel for the petitioner, after the death of Lobin Lakra, the petitioner, who is the mother of martyr Ignatius Lakra is eligible to receive the family pension. The petitioner informed the authorities about the death of Lobin Lakra and requested that the family pension be given to her. On 27.11.2020, respondent No. 2 ie. the Commandant, 10^th Battalion