mic M^ (" ^ 1 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (St No.3'J0^ /2009 PETITIONER : Hemlal Nishad, Son Sindhu Ram Nishad, Aged about 66 years, Resident of village Ghotiya, Tahsil Dalli Rajhara, District Durg. C.G RESPONDENTS ^. ^^.•^^ ^^^%..^' ^^^" ^^ ^^^^s^, ^ >• -" -^ /s^^. 7\^ VERSUS 1. State of Chhattisgarh, Through Secretaiy, Education Department office situated at Secretariat, Raipur, (C.G) 2. The Accountant General, Raipur, Office of Accountant Genareal Situated at Raipur, District Raipur, C.G 3. Block Education Officer, (Aa.JA.Ka), Office Situated at Daundui, District Durg, C.G WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA .0 PETITSONER HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S) No. 5908 of 2009 Hemla! Nishad Versys RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Articie 226 ofthe Constitution of india) Single Bench : Hon'ble Shri Satish K. Agnjhotri, J. PresBnt; Shri P, Dhursndaf. counss! for ths Dstitlonsf. Ms Smita Ghai, Panel Lawyer for the State. ORDER (ORAL) (Passed on this §tnOctober, 2009) 1. With the consent of learned counset for the partles, the petjtlon is heard finaily. 2. Learned counsei appearing for the petitioner submite that tie case, being payment of retiral benefsts matter, may be referred t@ the pensson committee. 3. This Court, in the matter of W.P.No.4642/2004 (Baijnath Mandal Vs.The State of Chhattisgarh & others) and other connected matters, directed the Committee to consider the matter of retiral dues, as the disputed question of facts were snvoived. The Committee was conststuted by the State Government, pursuant to the order dated 19-06-2006 passed in W.P.No-1961/2006 (Smt. Keja Bai Chandrakar Vs. State Govemment of Chhattisgarh and others), and order dated 13-3-2008 passed in M.C.C. No. 105 of 2008 (State of Chhattlsgarh and others Vs. Baijnath Mandai and another). Thus, this petition is squarely covered by fhe judgment and order dated 31 January, 20Q8 passed in Baijnath Mandal (supra), as submitted by iearned counsei appearing for the parties. 4. This petition is accordingiy disposed of in the same terms i.e., the offee of the Advocate Generai Is directed to send the case to the Commsttee, p—.^-- 6. Gowri a within a period of 15 days from the date of receipt of a copy of tiis order as we!t as a copy of the petition from the petitioner, Thereafter, the Committee shail issue notice to the petitioner and officers concemed wsthin a further penod of 15 days. The Committee shaii consider and pass order, sn accordance wsth law, after affording proper opportuntiy of hearing to the petitloner. The petitioner and the officers concerned may fsle additional documents, if necessary. The entire exercise, irsduding payment of retirai dues, If any, to the petitioner, be compSeted within a period of four months from the date of receipt of a copy of this order. The petitioner shaii suppty one complete set of th@ petltion to the State counsei for transfemng the same to the Committee. In case of grievance with regard to non-payment of pensionery dues, it Ss not necessary to file a writ petition before this Court dlrectiy. The representation/appSlcation can be moved before the Pension Committee as sfated above. The Pension Committee shall not refuse to entertain the representetion/applicatson, if so fiied directly. Sd/- SatishK.Agnihotri Judge