IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 13 OF OCTOBER, 2025 WRIT PETITION No. 854 of 2023 SMT. KAUSHALYA BARKADE Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Uma Shankar Jayaswal - Advocate for the petitioner. Ms. Akashmi Trivedi - Advocate for the respondent No.3.

ORDER By way of this petition, the petitioner has sought the payment of family pension to her.

2. The husband of the petitioner late Shri Attar Singh Barkade expired on 17.12.2018. The said person had retired on 30.04.2007 and more than 11 years after his retirement, he expired in the year 2018.

3. The petitioner is admittedly second wife of the deceased government servant, who married the government servant during lifetime of first wife. From the first wife namely Shanti Bai, the deceased employee had two children and from the petitioner, the deceased employee had three children. Admittedly, Shanti Bai expired on 11.08.2007 and much prior to her death, the petitioner had married the deceased employee.

4. Counsel for the petitioner had raised a similar contention that since the petitioner and her deceased husband are members of "Gond" Tribe, which is a