\i. ^ 3 S.B. Amendedpetition as per Hon'ble Court order dated 14.5.2004 ENTTHE HIGH COURT OF .TUDICATURE AT BH.ASPUR fC.G.) PETITIONER W.P.No. ^367/2003 J. R. KASHYAP Aged about 73 years S/o Late Shri Guman Ram Kashyap Resident ofvillage Shanichara Post Office- Baloda, Via-Akaltara, District - Janjgir Champa (C.G.) Pm Code No. 495559 1?^J VERSUS RESPONDENTS ^ t^.-:^ ? 1. 2. 5 ^3. State ofChhattisgarh Through:- Secretary Tribal Welfare Department, Raipur(C.G.) The Joint Director, Treasure, Account & Pension Division Bilaspur Bilaspur (Chhattisgarh) ThePrincipal Govemment Higher Secondary School, PaU DistrictKorba (C.G.) State of Madhya Pradesh Through:- Secretary Tribal Welfare Department VallabhBhawan, Bhopal (M.P.) SeniorAccounts Officer DirectoratePension&Employees Welfare^6, Kissan Bhawan, Mand^^HUls, Old t^ Jail Road, Bhoapl (M.P.) WRII PETITIONER UNDER ARTICLES 226/227 OF THE CONSTITUTION OF mDIA. 4. 95' XI-HC-22 ^TT^T^T f^N>'3Tr^T $h^icb<lf^c1 ^^lcb'HT^cT 3^" ^ww^, ^W\<j, ^W^{ s^ ^l^dl $bHT^ 3114?! ^5<C»l . ^).< '^ 20Qr^ f^^< ^n^T^cfT^K^f^T 2-5-2005 +i^fd^^ ^i^^T^-T^ <^)^i< ^3:rf^T3TT^T Mr. ^shok Swamakar, coij Mr* Sudhlr AarawGi, Pane| to3. In spite of severai oppo nset for the petitioner1, Lawyer for the State/respondents No.l fjled on behaif of the State of thi^ matter ie pending since th^ of retirat benefits, As the re| is bemg disposed of on the ^tunlttes given, no reply/return has been Chhatti^9ar^/rte^pondents No.l to 3 arid year 2003. The matter retates to grqnt ^pondents are not fiiing repiy/reTurn and sufficient opportunst/ ha^ air^dy b^^r\ grant^d, thisreforc, the ?r,att@r ^asss of the record avdiiabie before the Court, , The p&tition^s ca^fi is that h& was appointsd as Upp^r bivi^bn Clerk ©rade-IIin the Tribal ^Veifare Department, in the year 1966, m the er^twhste State of Ma{jhya Prade^h, and th^reafter, he was promoted as Head Clerk. Lat^r on, the petitioner was confirmed on the ppst of U,D.T on account ^f the fact that the petltioner being a graduate he wo^ eijgsbte, and quaiified a< U.G.T. The p^tjtbn^r, m the mean while, also obtdned the| B.Ed. degree, and as per the 6overnmenT order he wa^ granted two djyvance incre?Tients by the Tribal Vi/eifare Oepartment being a tr'dned t^achec, vide ofder dated 16-6-1968. After compieting his service and after att'dning the superannuation aae the petitsoner retired on 30-6-1^91* In t^e mean tim©,the respondents XI-HC-22 3T^T^)T R[;if^3:n^T 5h^icb^rf?<T HFR^TT^Rre) 3^ ^i^Kn^, ^^^1$, [cidlti^ 3ll^l ^5<ch ^h ^ 200 "< 3TT^T?^T8EK^1:5cT passed an order for recovery excess payment to the petiti< from 1966 to 1991. Bsing agc th^ petstioner1 chaltenged AdmlnistraTive TribunaJ vide the order for recovery wa4 (Annexure P-l)< But, the grGtujty amount nor passing pctitionar, An Jnt^rim pensi^ sanctioned vide order dated from paraly^b and he is Jn But, th^ respondents are not The petitioner made severa} the same is Annexure P-4. Commis-Sioner, snf^T ^jfriTT ^ ??^ITUL '<i^J^'<, for sendlng Ann^xure P-9, <snd ther^afterl, January, 2003, wrote a, letteil- 'sm^r f^^r 'EFT ^r ^pr w^ 0 rkst retease of gratuity' amount t^ r'esuit. I have heard iearned co<L|n3ej for the partle^. cbi<4f<i4iTi ^i^cnT^:tel^'<[^<-<^i< ^3:rf^R'3TI^T ^f an Gmount of Rs,34,609-40 ps, aitegina ^ner by granting two dtdvance increments rieved by the action of the Sovernment, |the said order before th^ State t.^.No.1366/1991, same was ajiowed, ond qua^hecS yjde order dated 15-6-1998 r^spondents are neither ^anctioning the order for grant of fui! pension to the ^n to th^ tun©of ft^,l,057A ha^ been ^prii, 1992. The petitioner 'is suffering of money for his medicai treatment, p^ying any h&ed to the p^tjtioners rsqu^^t. re^resentations to respondent No.2, copy of ^Dondent No.3 had wrjtten a ietter to the i-<i^a ^Tl^ fSrB^sT ^f ifcf ST^ 2C|th nied +ie service book of the petitiGner, vide respondent Mo.3 vicle sett^r dated 10 to the Secretary, ^TT^ ^Tt^ ^qJ^Tr j, ~<wy, to pass an order for ~^ the p^tjtioner*, but th^ same yielded no XI-HC-22 *11H^lTffi^|ch 3^" r^l^M^, ^Tn^^Ko, [c)dl<H^< ^..S^67/^ ,^ [d<)<4 3T[^T^)T fN^W^T ^)^^) t^^rfgcT 3Ti^T^<TT^^f?cT <^i^f<n41^ ^i*4^T^:fW)'<[^i^<ij< ^3Tf^T3TT^T thk amoUnt hols Havin9 perused th@ petit this petition, it is admitted pos| June/ 1991, and thereafter, Rs.1,057/- wa^ sanction^d to 1992, and even no gratuSty order pa^ed by the Tribunai of Annexure P-9 shows that avaiiabie with respondent No,3 again, he l^ wrlting ktter to Having considered the just and proper to direct respo| trac&d th^ ssr*yics£ book of sanctioned and gratuity amounj bcneftts are al^o Dermissibte tt sanctioned, In ths resuit, responden" case of the petitioner Js ded\ reguJar pension, also the gratt. within a period of three month is made ciear that jf pension CQ| retirai benefits are not paid to this Court again, and in that t|on and various documents annex^d with tion that the petjtioner retired on 30 ^nly Interim pensson to the tune of •Sp. petitioner vide ord^r dated 20 Aprii, has been sanctioned to hlm, Even the not been complied wjth ^o far, Perusal [service book of artie petitjoner is not For sanctlon of the pension, and tjme and No.l. fcts and circumstances of the case. it is No,l to en^urc. that after getting r^s^ondent fulctS spo|nd€nt l-h^ p^tition^r, hi^ regubr penslon b^ e>H^L. be also sanctioned, and if any/retira! the Dctitioner, then the same be also No*l is directed to ensurs that pension dled at the eariiest and h^ be granted jity amount and other retirai benefjts, from today, in accordance with bw. It se of the petjtioner is not decided and Q!) him, then he wlil be entltled to approach ca^@, rea^onaoie int@r©^ton th@ whole. — y^ L .-}^^ XI-HC-22 ^I^C^II ^W^ 3:ST '<1NI<n<1, ri>Tti^^<g, (sj^l^^ ^..^^jM^i ^ ^ Id^ 3TT^r^r f^TT^W^T $r)^icb^rf?cf w^rg^fr^^fgcf ^ amount wili be ordered in f<svour date of his retir'ement. With the directsons afore^ Parti^^ ar^ entjtbd for c^^ +I^Id41-1 ^ll^<r)T^T^ <^)^|< ^3Tl^q°3TT^T of the petstioner with ^ffecT from the aid, the petition stands dispo^d of< ktifted copy of thi^ ord^r. Sd/- L.C. Bhadoo Judge boma (^y^) ^ ^ ^ .^'