Phoolbai Chauhan Vs Chhattisgarh State Power Distribution Company Limited

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1

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CGHC010347152021

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Digitally signed by NADIM MOHLE

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2026:CGHC:31685

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 7015 of 2021

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Phoolbai Chauhan Wd/o Late Shri Ugrasen Singh Chauhan, Aged About 61 Years R/o House No. 31/1, Dipapara Village Jharmuda Post Tadola, P.S. Pushoor, Tahsil And District Raigarh (Chhattisgarh) Pin 496440, Mob. 9755919510, District : Raigarh, Chhattisgarh. ... Petitioner

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versus

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1 - Chhattisgarh State Power Distribution Company Limited Through Its Executive Director Cspdcl Raigarh, Tahsil and District Raigarh (Chhattisgarh). 2 - Executive Engineer O/m Division Raigarh, Chhattisgarh State Power Distribution Company Limited (Cspdcl) Raigarh, Tahsil And District Raigarh Chhattisgarh.

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3 - Chhattisgarh State Power Holding Company Limited Through Its Director (Hrd) Daganiya, Raipur, District Raipur (Chhattisgarh) Pin 492001. 4 - Saraswati Bai Wd/o Late Shri Ugrasen Singh Chouhan, Aged About 63 Years R/o Lochan Nagar Raigarh Ward Panjari Ghat, Near Chakradhar Nagar Bank, Tahsil And District Raigarh Chhattisgarh.

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5 - Shiv Kumar Chauhan S/o Late Shri Ugrasen Singh Chauhan Aged About 35 Years R/o House No. 31/1, Dipapara Village Jharmuda Post Tadola, P.S. Pushoor, Tahsil And District Raigarh (Chhattisgarh) Pin 496440, Mob. 9755919510. ... Respondent(s)

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For Petitioner	: Mr. VinayK. Deshmukh,Advocate
For Respondents	: Mr. Harshwardhan Parganiha, Advocate along
No.1 to 3	with Ms. Manubha Shankar, Panel Lawyer

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Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

24/07/2026

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The petitioner has filed this petition seeking the following relief(s):-

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“10.1. That this Hon'ble court may kindly be pleased to call for the entire records relating to the petitioner's case.

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10.2. That this Hon'ble court may kindly be directed not to the respondents department and the respondent R/1 & R/2 give the family pension and remain retrial all type dues to the present petitioner Phoolbai Chauhan the widow of Late employee Ugrasen Singh Chauhan who died on dated 02/08/2009.

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10.3. That this Hon'ble court may kindly be quashed the impugn arbitrary action of the respondents department because the both widow have no any dispute to give family pension and remain all type retrial dues to the present petitioner second wife Phoolbai.

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10.4. Cost of the petition be allowed.

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10.5. Any other relief may also be granted to the petitioner which this Hon'ble court feels fit in the facts and circumstances of the case. ”

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Facts in brief are that the husband of the petitioner, late Ugrasen Singh Chauhan, retired from the post of Line Assistant on 07.07.2008. He subsequently died on 02.08.2009, thereafter, the petitioner, claiming to be his second wife, approached the authorities seeking family pension and other admissible retiral benefits. At the same time, a succession case bearing No. 31/2009 was filed before the learned Civil Judge Class-I, Raigarh by Shiv Kumar, minor Amar Singh, Phool Bai (petitioner herein), who is second wife of late Ugrasen Chauhan, and Sarswati Bai (first wife of late Ugrasen Chauhan). Vide order dated 29.01.2010, the succession case was disposed of with a direction to respondent Nos. 1, 2 and 3 to disburse a sum of Rs.4,58,010/- equally among the four legal heirs of Late Ugrasen Singh Chauhan. The grievance of the petitioner is

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that her claim for grant of family pension has not been considered by the respondent authorities yet.

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Mr. Vijay K. Deshmukh, learned counsel for the petitioner would submit that the petitioner’s claim has not been considered on the ground that she was allegedly missing for the last 40 years. He would contend that the petitioner has already submitted all relevant documents before respondent Nos. 1, 2 and 3, but no decision has been taken so far. He prayed for a direction to the authorities to consider and decide her claim appropriately.

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On the other hand, learned counsel appearing for the respondents No. 1 to 3 would submit that there is a dispute between the first wife and second wife of Late Ugrasen Singh Chauhan, therefore, a direction was issued to produce a succession certificate, and in the absence of relevant documents, the dispute could not be resolved. He would further submit that that if the petitioner submits sufficient documents before the competent authority, an appropriate decision shall be taken in accordance with law.

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Heard learned counsel for the parties and perused the documents.

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In the present case, the dispute pertains to the entitlement of retiral dues and family pension after the death of Late Ugrasen Singh Chauhan, who was an employee of respondent Nos. 1, 2 and 3. Following his death, the petitioner as well as other dependents approached the respondents claiming retiral dues and family pension.

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A succession case was filed wherein directions were issued to respondent Nos. 1, 2 and 3 to disburse an amount of Rs.4,58,010/among the applicants and the two wives of Late Ugrasen Singh Chauhan. The said order was not challenged by any of the parties before a higher forum and, therefore it attained finality. In the said order, it was observed that the petitioner claims herself to be the legally wedded wife of Late Ugrasen Singh Chauhan.

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Be that as it may, since the petitioner claims herself to be the legally wedded wife of Late Ugrasen Singh Chauhan, the authorities are directed to process the matter relating to retiral dues upon submission of relevant documents by the petitioner & in turn, respondent No. 3 is directed to consider the petitioner’s claim strictly in accordance with law with regard to the grant of family pension.

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Respondent Nos. 1, 2 and 3 shall also provide an opportunity of hearing to the first wife, namely Saraswati Bai of late Udhosen Singh Chauhan, as well as the minor sons, before taking a final decision.

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10.The entire exercise shall be completed within a period of 90 days from the date of receipt of a certified copy of this order.

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11.Accordingly, the petition stands disposed of .

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Sd/-

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Rakesh Mohan Pandey JUDGE

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Nadim

Phoolbai Chauhan v. Chhattisgarh State Power Distribution Company Limited

Case brief

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Phoolbai Chauhan v. Chhattisgarh State Power Distribution Company Limited

Case brief

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