f -^' ^ c^° /^/. IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.(S,|NO^ ^5^4 /2009 PETITIONER: /^y Mangtoo Ram Sarthi S/o Late Paltan Ram Sarthi, Aged about 64 years, Retired Upper Division Teacher, R/o Village & Post Auarda, Block Pusour, District- Raigarh (C.G.) VERSUS y' State of Chhattisgarh Through : The Secretary, School Educatonal Department D.K.S. Bhawan, Raipur (C.G.) 2. Accountant General Chhattisgarh Raipur, District Raipur (C.G.) 3. District Education Officer, Raigarh District Raigarh (C.G.) 4. The Principle Government High School, Mahloi, Block Pusour, Distt Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ^TC. RESPONDENTS ^ ..-rt><r /A/ ..w / j^ey ,^'w ^/^7 [_ ____..„....__._.____-.„——-—._- 1^@«^^. @ HIGH COURT OF CHHATTISGARH AT BILASPUR VVRIT PETITION (S) No^324 Qf200? PETITIONER RESPONDENTS Mangtoo Ram Sailhi. VERSUS State ofChhattisgarh & Others. WRTT PETITION LWDER ARTICLE 226 OF THE CONSTITLmON OF INDIA SB: Hon'ble Shri Satish K. Agnihotri. J. Present: Shri D.R.Patel, Advocate for the petitioner. Shri M.P.S.Bhatia, Deputy Goveiiiment Advocate for the State/respondents 1, 3 and 4. Sliri KasliifShakeel, Advocate forthe respondent No. 2. ORDER(ORAL) (Passed on 17ul day of September, 2009) Heard leamed counsel for the parties. 1. Leamed counsel appearing for the petitioner submits that the case, being payment of retiral benefits matter, may be referred to the pension coniniittee. 2. This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State ofChhattisgarh & Others) and other coiinected matters, directed the Coiiimittee to consider the matter ofretiral dues as the disputed question of facts were involved. The Committee was constituted by the State Govemment, pursuant to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijnath Mandal and another). Thus- this petition is squarely covered by the judgment and order dated 31 of January, 2008 '"^s^-^ 4 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) as submitted by leamed counsel appearing for the parties. 3. Witli the consent ofthe parties, this petition is accordingly disposed of in the same tenns i.e. the office ofthe Advocate General is directed to send the case to the Conimittee, within a period of 15 days from the date of receipt of a copy of the petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the officers concemed, within a farther period of 15 days. The Committee shall consider and pass order, in accordance with law, after affording proper opportunity of hearing to the petitioner. The petitioner and the officers concemed may file additional documents^ ifnecessary. The entire exercise, including payment of retiral dues, if any, to the petitioner be completed within a period of four moiiths from the date ofreceipt ofa copy ofthis order. 4. The petitioner shall supply extra copy ofthe petition to the leamed counsel appearing for the respondents for foi^arding the same to the Coniiiiittee. Sd/- SatishK.Agnihotri Judge A3TUt