IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 14 OF JANUARY, 2026 WRIT PETITION No. 4475 of 2025 RAMDEVI AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Devansh Mishra - learned counsel for the petitioner.

Shri B.M. Patel- learned Government Advocate for the respondents/State.

ORDER

1. The petitioner no.1 is the widow while petitioner no.2 is the daughter of Late Shri Ramcharan Ahirwar who was working as Deputy Ranger in respondent department and was posted at Guna (M.P.).

2. The petitioners are challenging the communication dated

17/09/2024 (Annexure- P/1), whereby they have been asked to submit the succession certificate for payment of retiral dues of the deceased employee. The petitioners have also prayed for a direction to the respondents to grant the compassionate appointment to petitioner no.2.

3. From the averments made in writ petition and the documents filed therewith, it is gathered that late Ramcharan Ahirwar was working as Deputy Ranger in the Forest Department and was posted at Guna. He expired in an accident on 08.07.2022. After his death, the petitioners lodged their claim for payment of terminal dues of Shri Ramcharan and also claimed compassionate appointment for petitioner no.2. The respondent no.5, Smt. Amri Bai also submitted her claim for payment of terminal dues and compassionate appointment vide application dated 12.07.2022 & 14.07.2022. On coming to know about the claim laid by respondent no.5, the petitioner submitted an application on 18.07.2022 before the respondents producing copy of judgment dated 22.09.1998, (Annexure P/3) passed in RCS HM 9A/1998 whereby, on the petition filed by Shri Ramcharan, his marriage with respondent no.5 was dissolved. It was submitted by petitioners that after divorce with respondent no.5, Shri Ramcharan married to petitioner no.1.

4. The petitioners thereafter obtained documents regarding ESS profile of late Ramcharan, under Right to Information Act, 2005. They submitted another application on 26.07.2022 (Annexure P/7) thereby stating that late Ramcharan had updated his ESS profile and nomination in their favour. A copy of documents in support of this contention were also submitted alongwith application.

5.It is also worth noting here that respondent no.5 had earlier filed W.P. No.8628/2023 before this court claiming retiral dues of late Ramcharan and compassionate appointment. The petition was disposed off vide order dated 21.04.2023 (Annexure P/12) directing respondents to decide her application within two months. On coming to know about the said order, the petitioners filed an application for recalling of the aforesaid order (I.A. No.7957/2023) in disposed off petition. While hearing on the application, the respondent no.5 withdrew her petition on 07.0.32024 (Annexure P/14).

6.The learned counsel for petitioner submitted that despite all these, the respondents have issued communication, dated 17.09.2024, thereby asking the petitioners to obtain a succession certificate in respect of their claim. He referred to aforesaid documents and submitted that the petitioners are entitled to get the retiral dues of deceased employee on the basis of nomination made by him during his lifetime and the demand of succession certificate is uncalled for.

7.On the other hand, learned counsel for respondents submitted that since there is dispute with regard to the dues in question, they are not in a position to disburse the amount to either petitioner or respondent no.5.

8. None appeared for respondent no.5.

9. Considered the documents and perused the records.

10. So far as claim of respondent no.5 is concerned, the petitioners have filed copy of the judgment 22/09/1998 (Annexure-P/3), whereby the marriage between the deceased employee Ramcharan and Smt. Amri Bai was dissolved. There is nothing on record to show that this decree of divorce was ever unsettled by the higher Court. She submitted her claim before this Court by