c^- v s'*'6t£BEMCH IN THE HIGH COURT OF JUDICATURE QF CHHATTISGARH AT BILASPUR W.P.(S.) N0. o? | /2010 PETITIONER: ^ ^haratial Patel S/o Sadhu Ram ..L-^^^Patel, (Retired Head Master) Aged r>0^^^ ..' about 65 years R/o VUlage 8& Post ^•v<^;>a ^'v <^.^"A^<o\?''t*<" Gobersinha Block Baramkela, ..-^^^""' .^^\^> ^>y" ^" RESPONDENTS District Raigarh (C.G.) VERSUS 1. State of Chhattisgarh Through: The Secretary, School Education Department D.K.S. Bhawan, Raipur (C.G.) 2. The Accourttant General Chhattisgarh Raipur (C.G.) / 3. The District Education Officer Raigarh, District Raigarh (C.G.) / 4. The Prindpal Govemment Higher Secondary School Bona, Block Baramkela, District Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA POR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. The petitioner most humbly and respectfully begs to submit as under: HIGHCOURTOFCHHATTISGARHATBILASPUR ^) < '^ WRIT PETmONYS') No. 21 of2010 PEimONER RESPONDENTS Bharatlal Patel. VER8U8 State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE226 OF THE CON8TITOTION OF INDIA SB: Hon'ble Shri Satish K. Agnflio^J, Present: Shri D.R.Patel, Advocate fbr the petitioner. ShriN.N.Roy, Panel Lawyeriort^^ State^respondents 1, 3 & 4. Shri R.Pradhan,AdvocatefortherespondentNo. 2. ORALORDER (Passed on 07U1 day of January, 2010) With the consenf ofleamed coimsel appearing^f^ parties, fhe matter isheard finally. 1. Leamed counsel appearing for the petitioner submits that the case, being payment o£retiral benefits matter, may be referred to the pension committee. 2. This Court, infhe matter of W.P. No. 4642/2004 (BaijnathMandalv. 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 iHvolved. The Committee was constituted by the State Govemment, pursyant to the order dated 19.06.2006 passed in W.P. No. 196l/'2006(Smt.KefaBai Chandrakar Vs. State Govemment ^n^ <?f/?^^) and order dated 13.03.2008 passed m M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijnath Mandal and cmother). Thus, this petition is squarely covered by the judgtnent and order dated 31st of January, 2008 passed in W.P. No. •S-- 4642/2004 BaynathMandal(supra)as^^^m by leamed counsel appearing for the parties. 3. With the consent ofthe parties^ A^ accordingly disposed of in the same terms i.e. the office ofthe Advocate General is directed to send the case to the Committee, within a period of 15 days from the date of receipt of a copy of the petition from the petitioner and this order. Thereafler, the Committee shall issue notice to the petitioner and fhe offieers concemed, within a farther period of 15 days. The Conimittee shall consider and pass order, in accordaiice with law, after affording proper opportunity of hearing to the petitioner. The petitioner and^t^ oflticers concemed may file addltional documents, ifnecessary. The entii'e exercise, mcluding payment of retiral dues, if any, to the petitioner be completed within a period offourmonthsfromthedateof receipt ofa copy ofthis order. 4. The petitionershall supply extra copy of tlie petition to fhe leamed counsel appearing for the respondents for forwarding the same to the Committee. Sd/- SatishK.Agmhom Judge Amit rl