Smt. Nirash Pati Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Principal Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Atal Nagar, Raipur (Chhattisgarh)

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2 - Directorate Of Public Instrution (DPI), Indirawati Bhawan, Raipur (Chhattisgarh)

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3 - Collector Surajpur, District Surajpur (Chhattisgarh)

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4 - District Education Officer (DEO) District Surajpur (Chhattisgarh)

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5 - Smt. Shivmangali, D/o Late Bachchu, Aged About 56 Years R/o Village Banja, P.S. Surajpur, District Surajpur (Chhattisgarh)

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6 - Yuvraj, S/o Dileshwar Koir, Aged About 59 Years R/o Village Banja, P.S. Surajpur, District Surajpur (Chhattisgarh)

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... Respondents

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For Petitioner : Mr. Sushil Dubey, Advocate For Respondents : Mr. Ajay Kumar Pandey, Government Advocate

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

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Order On Board

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12.09.2025

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The present petition has been by the petitioner under Article 226 of Constitution of India, invoking the extraordinary jurisdiction of this Court. By way of this petition petitioner is challenging the inaction on the part of the Respondent authorities particularly the Respondent no. 4, DEO Surajpur who has refused to enter the name of petitioner in service book of petitioner’s husband/respondent no. 6 who was under the service of Respondent no. 4, DEO Surajpur. The petitioner by way of this petition is also seeking all the consequential benefits for which her husband/respondent no. 6 is entitled.

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Facts of the case is that the petitioner filed a civil suit for declaration and correction of service book of respondent no. 6 which was registered as Civil Suit No. 97A/2021 and hence it was partly allowed on 28.03.2023 by which the Family Court, Surajpur declared the petitioner as legally wedded wife of the Respondent no. 6 but refused to make entry of her name in the service book and consequential benefits to the petitioner for want of jurisdiction. Petitioner has also made representation before the Respondent Collector. But till now no action has been made on the part of respondent authorities.

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Learned counsel for the Petitioner most humbly submits that the petitioner is legally wedded wife of respondent no. 6/Yuvraj Singh, and it has been declared by a competent Civil Court in Civil Suit No. 97/A/2021 which has been decided on 28.03.2023, however,

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in spite of this fact, the respondent authorities namely respondent no. 4 District Education Officer, Surajpur is not entering the name of petitioner in service book of Respondent no. 6/husband of the petitioner. As such, by way of this petition the petitioner is seeking for the following reliefs:-

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10.1. That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

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10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct the respondent no. 4 District Education Officer, Surajpur to enter the name of the petitioner in the service records of the respondent no. 6 as his legally wedded wife.

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10.3 That, this Hon’ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct the Respondent no. 4 District Education Officer, Surajpur to which she is entitled in accordance with law.

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10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.

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Learned counsel for the petitioner further submits that once Civil Jurisdiction Court passed a decree in favor of the petitioner declaring her to be legally wedded wife of respondent no. 6. The authorities are required to add the name of petitioner in the service book of Yuvraj Singh, however, even after certified representation it has not been entered in the service records.

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Per contra, learned counsel for the State Mr. Ajay Pandey, opposes the submission made by learned counsel for the petitioner.

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I have heard learned counsel for the respective parties with rapt attention and perused the record available.

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Considering the aforesaid aspect of the matter and after perusal of the judgment and decree dated 28.03.2023 and further

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considering the representation filed by the petitioner, this Court is of the opinion that the respondent authorities are required to consider the limited grievance of the petitioner for addition of her name in service book of respondent no. 6 and for that respondent authorities are directed to consider the judgment and decree dated 28.03.2023 by which competent Civil Jurisdiction Court has declared the petitioner to be legally wedded wife of Yuvraj along with other relevant documents and to pass an appropriate order within a period of 30 days from submission of the order passed by this Court.

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With the aforesaid direction, the present petition is disposed of.

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Certified copy as per rules. sd/-

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(Amitendra Kishore Prasad)

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Judge

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alfiza

Smt. Nirash Pati v. State of Chhattisgarh

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Smt. Nirash Pati v. State of Chhattisgarh

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