^ H1GH COURT OF CHHATTISGAKH AT BIL^iPUR PETITIONER RE8PONDENT8 WR1T PETITION (S) No. 4383 of2008 Anand Kumar Benjamin S/o Late Benjamin Dayal, Aged about 64 yesss, Retired Assistant Teacha-; R/o Near Imam Masjid, House No. 9/778, Bhartiya Nagar, Bilaspur, Distt: Bilaqnir (C.G.) VERSUS : " . : 1. State of Chhattisearh- Throudi: The Secretary, Edueafional Departtnent, D.K.S.Hiawan, 'Raipur, Distt:Raipur(C.G.) 2. District Education OfBcer Distt: Bilaspur - (C.G.) 3. Block Educatinn (MGcer, Bilha, Distt: Bilaspur (C.G.) 4. Accountant General OfiSce, Pi^riya Ctnnplex, Pandri,Raipur,Di8tt.Raipur(C.&) . -, wpn' pETrnoN UNDER AR'IICLE 226/227 OF THE coNSTiTunoN OF INDIA '":;: ".. ::.; ', ;li: 1' SB: Hon'bleShri Sattsh K. Asjirihotri, J, Present: ShriDeepakJain, Advoc^.eforthepetittoner. Smt. StiutaGhai, Pai»lLawyerfwAeState/respondeuts 1 to3. Shri Ajay Barik, Advocate appearing(m behatfofShri S.K.Beriwa!, AdvocatefbrtherespondentNo.4. , ORALORDER (Passed on IIs day af August, 2008) With the consent of the parties. Ihe matter is tAen up for hearing fiiially. . • •• '•—'^ • ! 1. This matter pertains to payment ofretiral benefits 2. This Court, in the matter of W.P. No. 4642Q004 (Baijnafe Mandal Vs. The State of Chhattisgarh & Others) and other connected mattws, directed the Committee to consider the matter of retiral Aies as tfie disputed question of facts were involved. The Comniittee was constituted by the State Government, pursuaiit to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Goverament and ofhers) and order dated 13.03.2008 passed m M.C.C. No. 105 of 2008 (State of Chhattisgath & Others Vs. Baijmtiti Man^al and another). "Ilius, fhis petition is squarely covered by the ^ ^\ -2- : judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004 Baijnath Masd&l (supra) as sulMnitted by leamed counsel appearing for the parties. 3. With the consent ofthe parties, this petttion is accordingly disposed of m the same tenns i.e. Ifae office ofthe A9vocate General is directed to send Ifae case to fhe Committee, within a period of 15 days from the date of receipt of a copy of the petition &om fhe petitioner and this ordsr. Thereafter, the Committee shall issue notice to the petitioner and fl officeis concemed, withia a lurtfaer period of 15 davs. The Committee shatl consider and pass order, in accordanee wfth law, after affordiag {wopar opportumty ofhearingto thfi petitkmer. The petitionecaad the officers concemed may file additional documents, ifneeessary. The entire exercise, including payment of retiral dues, if any, to the petitioner be completed within a period offour mmiths from the date of receipt ofa copy oftius order. 4. The petitioner shall supply exfra eopy of tiie peiitioa to Smt. Smita Ghai, Panel Lawyer forthe State/respondents 1 to 3 and Shri A.K.Barik, Advocate appearing for respondent No. 4, for forwardmg the satne to theComnuttee. 5. In case of gnevance with regard ,to non-payment of pensionery dues, it is not necessary to file a writ petition before tlas Court directly. The representation/applicatkni can be moved before the Penston C^ommittee ^ as stated above. The Penslon Coimnittee shall not refiise to entertain the K'»<"'3l representation/application,,ifsofileddirectly. —-—— '' SdA.-. SatishK.Agnihotri _Judge Arnit