RAJBATI YADAV Vs. STATE OF CG

JUDGEMENT

(1.) THIS is yet another case where the petitioner, who is an illiterate lady aged about 79 years and widow of Late Shri Ramprasad Yadav, who was working as peon in the Water Resources Department, Baloda Bazar District Raipur and died in the year 1975 while in service, is not being paid family pension by the respondents.

(2.) THE facts of the case shows that how the respondent authorities are indifferent towards the rights of the petitioner. The petitioner has a legal right to get the family pension, even then her claim is not being decided by the respondent authorities on the ground of lapse committed by none else than the respondents themselves by misplacing the service record of Late Shri Ramprasad Yadav, which is evident from letter dated 8.8.2005 (Annexure P-1) written by the Executive Engineer, Water Resources Department, Division-II, Baloda Bazar to respondent No. 2-Joint Director Finance, Accounts and Pension, Raipur mentioning therein that Late Shri Ramprasad Yadav died on 10.1.1975 forwarded the application of the widow petitioner to provide her family pension under the Rules of 1966 and. after preparing the duplicate copies of the service book of Late Ramprasad Yadav, sent the same to respondent No.2. On the same application respondent No.2 put some queries and asked that whether any enquiry has been instituted against the person who has lost the service book of Late Ramprasad Yadav. The Executive Engineer again vide letter dated 16.2.2006 explained the situation but so far nothing has been done.

(3.) UNDER these circumstances, without causing further delay, responde : No. 2 is directed to consider the case of the petitioner and pass appropriate orders in accordance with law within a period of 60 days from today regarding grant of family pension to the petitioner from the date of death of her husband. The petitioner shall be entitled for the interest @ 9% per annum on the amount due.