c^^. ^ BEFORE THE HON'BLE HIGH COURT OF CHATTISGARH AT -^ZD '^•itf.o'fe u\"»9 (Arising out of order dated 23.11.2009 (Ramkali vs. Smt. Kotashwari and others) passed by Hon'ble Shri Justice N.K.Agrawal) Applicant B; f!. ^^'-" a6d" .•/?:*-'•*" Respondents Defendants APPLICATION FOR B Ramkali, Widow of late Shri Narsaiya Teigu, aged aout 50 years, Resident of Rajhara, Tahsil Balod, District Durg Versus Smt. Kotashwari, Daughter of Late Shri A. Narasaiya, aged about 35 years. 2. Smt. Jayamma, Daughter of Late Shri "' A. Narsaiya, aged about 30 years. Both residents of Railway Colony, Dali Rajhara, Tahsi! Baiod, District Durg. \ (Presenily at Eppagunta (Ponloori) District Prakam, Andhra Pradesh) 3. The General Manager, South Eastern Railway, Caicutta (West Bengal). id°'5 K^iCcO R&eAi-LiNG OF ORDER DATED tS?3: .,/23.11.2009 PASSED !N S.A.NO'^'33/2001 WHEREBY THE APPEAL WAS D!SM!SSED AS NAVING BECOME INFRUCTUOUS K HIGHCOURTOF CHHATTISGARH AT BILA8PUR Review Petition 01/2010 APPLICANT RE8PONDENTS RamkaU Versus Smt. Kotashwari & others APPUCATION FOR REVIEW OF ORDER DATED 23.11.2009 PASSED IN S.A. N0.433/2001 fSB: Hon'ble Mr. N.K. Asarwal, J.) Present : Shri PR Pstankar, Advoeate for the applicant. Shri AS Dadariya, Advocato for respondent No. l & 2. Shri Sourabh Dangi, Advocate, appears on behaif of Shri Amit Choudhari, Advocate for respondentNo. 3. ORALORDER (Passedun 19.01^011) 1. Leamed counsel appearing for the parties submit that as per the compromise arrived at between the applicant and respondent No. 1 & 2 on 24,102009, Ifae amount deposited by the RaUway aulfaorities with the Nationalized Bank has to be released. The appellant to get that amount and also pension amount. But, as the , appeal has been dismissed on 23.11.2009 as hawng become infiTictuous, Ifae Railway authorities are not paying the amount to .the applicanl/petitioner, therefore, the order dated 23.112009 requires to be modified. 2. I have heard the counsel ^pearing for the parties and perosed the compromise petition filed by the appellant. 3. As per compromise petition filed by tfae appellanl, 1/3 amount of retiral dues was deposited by the Railway authorities in the FT 1 ^.^ '^: ' "'•» ' IA teis^ b., Nationalized Bank pursuant to the order of this court dated 12.12.2001. The applicant to get the above amount along with pension, therefore, in view of compromise petition, since no objection has been raised by the opposite parties, tiie order (assed by tiie court on 23.11.2009 is recalled and mste%l ofthat order, following order is accordingly passed. "It is dirccted that 1/3 amount vvhich has been deposited by the Railway authorities pursuant to Ifae order dated 12.12.01, shall be paid to the appellant. The appellant is also entitled to get pension," Sahu 4. Witii the above direction and clarifieation, the review petition stands disposed of. No order asto costs, Sd/- N.K. Agarwal Judge