•f^ k^ I-HC-22 ^a? ^i^Kn^, ^Til^^Ko, foKrii^y HrRCTT 5b*1ich 3H^T XTST^ Mf.^.2.....^.1°..•^ 200^> 'i^^T' 'STI^T'^T f^rii<=h ^nt^r 5^*ilch ^a 37T^T ^<!T^R: ^f^T PETITIQNER Jawahar Si Singh Tha: Lecturer, G Deepak Botebode, Nawagarh, Nag^r ]|igh Thakur, S/o Late Shri Mohan 4ur, Aged about 76 years, Retd. (vernment Higher Secondary School, Durg, Presently rGsiding at Village Post-Kheda, Tehsil 8s Block- pist: Durg (CG) VersUs RESPONDENTS 1. State of Ch: Education Bhawan, RSLI] 2. The Directoi Government 3. The District 4. The Secrets General Adm Writ Petition under Article 2; S.B Hon'ble Shri Dhirendra Mis 12.1/2.2008 Mr. Anil Singh Rajput, learne|< Mr. Y.S.Thakur, learned Dy. The petitioner had filed a| payment of arrears of Rs.8,56,237| The aforesaid writ petition was dj parties vide order dated 13th Mar|c referred to the High Power Commi the State Govt., with a further cj consider and pass order in accord| opportunity of hearing to the petitit concerned were also given liber^ CM^f<n<fl"l 'HFT^t* ^ f^T3t <pt1<^l< ^>3rf^FT3^^T [lattisgarh, through The Secretary, Department, Mantralaya, DKS ^ur (CG) Public ; Instruction Chhattisgarh, [^aipur(CG) ^ducation Officer, Dist: Durg (CG) [ry, Pension Nirakaran Samiti, Inistrative Department, Raipur (CG) t6 of the Constitution of India ra, J d counsel for the petitioner. idyocate General for the State. Writ Petition (s) No.2685/07 for f- with interest @ 18% per annum. Lsposed of with the consent of the ^h, 2008, whereby the matter was fctee for Retiral Dues constituted by irection to the said Committee to Lnce with law after affording proper >ner. The petitioner and the officers Y to file additional documents, if ^...:- ^ /' "-^ f I'^rf^S^ |XI-HC-22; ^: ^^// ^a^ v^i^i<n^ ^Til^^Ko, i^<ni^^< '^_ "^ '.^::^ HW^\t 9b^l<^ 3Tri^r x^ra? _^'.c:^...^el.Q..•^ 200 "b- "I^^T' >3TT^r^T 'f^ri^^n^r st)^i<=h <if^a 371^1'^n^R'Hf^T bedn necessary. The entire exercise, in| any, to the petitioner, was to be months from the date of receipt of The petitioner submitted his vide Annexure P/5, the Committee P/6, on the basis of submissioi recording no objection of the petiti( entitled for arrears ofRs.81,374/-. furnished by the departmental off} been calculated to be the simple in1 rate of 18% per annum. It has not entitled for compound inte] mentioned in the order of the Admi the /petitioner has been held to| Rs.2,64,249/-. Learned counsel for the pe^ amount of Rs.81,374/- towards ari|( the no objection attributed to the Referring to the statement of claiifi that the petitioner was entitled for from 1.10.1969 to 31.3.1992, the|r meager amount of Rs.81,374/- Mr. Y.S. Thakur, learned Dy\ State contended that this the Committee has arrived tp the towlards unfortu^ate CM^f<n<fli ^H<yiT'? Fs^ <^i^i< ^T 3Tp<HT 3TT^T ;luding payment of retiral dues, if jcompleted within a period of four c|3py of the order. claim before the said Committee |by the impugned order of Annexure of the department and further >ner, has held that the petitioner is purther, on the basis of information |cers, a sum of Rs.1,82,875/- has ^rest of the aforesaid amount at the ;e|n further held that the petitioner is ?st as the same has not been ijnistrative Tribunal and accordingly, be entitled for a total sum of |itioner has seriously disputed the ^ars. It was vehemently argued that Ipetitioner was never given by him. |i (Annexure P/5) it was contended Lrrears of Rs. 1,95,30 1 / - for a period "efore, the question of accepting a arrears does not arise. Advocate General appearing for the ^ate controversy has arisen because iabove decision only on the basis of XI-HC-22 ^^S:.h Q ^^^""'^ ^ ^ 1 ^. "^^ ^fe^-,..-:'^''" ~5^t ^i^Kri^, ^Ti1<H4i<o, i®i<ni<i^< 3nit?T 'q^ra? 1ffraw'9rffN?;* *'*'***'* ^F[^ 200^ ^ fN^ST' 3T[^T^T I^Tli<=h 3TT^T 5h^ich ^a _^i_ ^RT^T ^^TT^R ^Tft<T mp.y considetred oral submission of the departmenta| petitioner. Such controversies reaches to the conclusion by a rea^ of the employee/officer and also cor( In view of above submissionl the dispute relating to entitleme^it remanded to the High Power Comm|i direction that the arrears payable pn the basis of servrice record by a order, the petitioner shall also be his objections shall be duly Looking tb the fact that the| when the petitioner retired, the mo^hs? time from the date of proc its decision and pay the addition^l The amounf of arrears of Rs.2,64,t Committee, shall be paid to the {^( already paid, within a period of| amount shall be deducted from th|e the Conlmittee. With the aforesaid obser^t disposed of. CM4i?<n<fli 'WT^Tf *?^^ <P»t<^l< ^^rf^FT^n^T officers and alleged consent by the be avoided if the Committee [oned order based on service record |Lsidering his objection. of learned counsel for the parties, of arrears of the petitioner is ittee for Retiral Dues with a specific :o the petitioner shall be calculated rGasoned order. Before passing any ifforded opportunity of hearing and matter pertains to the year 1992, Committee is allowed further suc luction of copy of this order to give arrears, if any, to the petitioner. 249/- with interest, as held by the etitioner by the department, if not four weeks from today, and this final amount, if any, adjudged by ition, the petition is accordingly Sd/- DhirendraMishra Judge