,(<""'.:• ''^y '^^ESE' ^tl^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR . Wnt,Petitipu ,,lQ64,Qf2Q05 Dr. Swapan Kumar Datta, Soa oflate Dr. Santosh, aged 52 years, resident of Samadhan Nusring Home, Jarhabhata, Raipur Road, Bilaspur. 1. State ofChhattisgarh, through Secretary, Public Healfh and Family Weltare Department, DKS Bhwan, Mantralaya, Raipur. 2. Director of' Health Services, Govemment of ClAattisgarh, Raipiir. 3. ChiefMedicai and Health Officer, Bilaspur. (WRTT PETn'ION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA) (SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : Shri A.K. Yadav, Advocate for the petitioner. Smt. Smita Ghai, Paiiel Lawyer for the State. ^. (Passed en 19W day ofFebruary, 2009) With the eonsent ofthe parties, the matter is taken up for hearing finally. This petition pertains to payment ofretiral benefits. This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal Vs. The State of Ciihattisgarh and others^ and other connected matters, directed the Committee to consider the matter ofthe retiral dues as the disputed question of facts were involved. The Conmuttee was constituted by the State Govemment, pursuant to the order dated 19.06.2006 passed in W.T. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Goveniment and otliers) and order dated 13.03A008 passed in M.C.C. No. 105/2008 (State of Chhattisgarh and others Vs. Baijnath Mandal and another). Thus. this petition is squarely covered by the judgment and order dated 31st ofJanuary, 2008 passed in W.P. No. 4642/2004 (Baijnafh Mandal Vs. The State of'Cfahattisgarh and ofhei-s) and other coimected mattei's, as submitted by the leamed counsel appearing for the parties. aaw. 4. This petition is disposed ofin tlie same terms i.e. the offiee ofthe Advocate General is directed to send the case to the Committee, within a period of 15 days from the date ofreceipt ofa copy ofthis order and a copy ofthe papers fi'om the petition. Thereafier, the Committee shall issue notice to fhe petitioner aiid flie officers concemed. within a further period of 15 days. The Committee shall consider and pass order, iii accordance wifh lav^ after afibrding proper opportunity of hearing to the petitioner. The petitioner and fhe officers concemed may file additional documents, if necessary. Tlie entire exercise, \ includuig payinent of retiral dues, if anf, to the petitioner, may be completed witliia a period offour months from the date ofreceipt ofa copy ofthis order. 5. Oae extra copy ofthe papers ofthe petition shall be supplied by the leamed counsel appearing for the petitioner to Smt Sniita Ghai, Panel Lawye, today itself. fbr transferruig the same to fhe committee. Consequentiy, pending applications, ifany, stand disposed of. Sd/- Satish K. Agnihotri Judge