Ur»!kl5^S ^ €hMISt| S n-uT^ ^>^.e onr^s s- •' Bunnnn 1. State of Chhattisaarh, throuah its Secretary, Department of Public D.K.S. Bhav/an, Raipur (C.G.) II S^.y^^^l^if., 2. The Chief Enaineer, .'—.Sl O lic Works, Raipur Tehsil & Distt. Dura. 3. The Superintending Engineer, r^/^tn./^inf.! ^ P^! Public Works Depsrtment, Dw Tehsil & Distt. Dura. 4. The Executive Enflineer, Public Works DepartmenS, Bemetara, 5. The Sub-Divisional Officer, Public Works Department, Sub-Division- Semetara, Distt. Durg. 6. Joint Director, & Pension, Rai Raipur. Treasury, Accounts lipur, Tehsi! & Dlstt. y^rf^AUs ^^ Chhedilal Baghel, aged about 63 years, S/o Late Shri Indai Lal iaghel, Retired Labour Mate/Gsngman, Public works Department, Bemetara, Distt. Durg, R/o Vlliage Pikari, Post Office and Tehsil Bemetar, Distt. rs>.—./rt r^ \ l-i'Ui^ \^.\3.) Writ Appeal under Section 2(1 ) of the Chhattisaarh High Court /ft.-,B<^/-,! t.^ r\;,j;^;^** Snn->^\ A ^* nnnff? lMjJU^<ai tu iJ'iVioiuu Odi^il} MOi, Z.uuy 2 Shrl Kishore Bhaduri, Searned Additionai Advocate Genera! for the appeliants. (13th Febs ~he following judgment of the Coyrt was passed by Shri Kishore Bhaduri, learned Additiona! Advocate General forthe appellants is heard on admission. (2) The appellants have filed thls impugned order dated 28-02-2007, No. 4024/2003. writ appea! against the passed in Writ Petition (3) Respondent - Chhedi Lal Baghel fiied the writ petition for the foliowing rellefs: 1. That this Hon'ble Court mav kindiv be pleased to issue a writ in the nature of mandamus commanding the respondents to forthwith calculate the pension of the petitioner and the same be disbursed to the petitioner without any further delay. 2. That the respondents no.4 and 5 be directed to forthvvith reiease the gratuity, arrears of two annual increment of year 2001 and 2002, leave encashment benefits alongwith interest @18% p.a. 3. Any other relief which thjs Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petltion. (4) Respondent thus in substance was seeking a direction for release ofthe admissibie pension and other benefits. (5) Learned Singie Judge on a thorough consideration of the pleadings of the parties and the fact that the learned Panel iawyer appearing for the appellants / State conceded to the stand of the petitioner, in view of the judgment dated 28-08-2006 passed in W.P.No.4135/2004, passed the impughed order whereby the appellants were directea' to release the admissibie pension to the respondent within a period of two months from the date passing of She order. (6) Shri Kishore Bhaduri, learned Additionai Advocate General for the appellants fairly conceded that the judgment dated 28-08-2006 passed in W.P. No. 4135/2004 was chalienged by the appellants/ State before the Apex Court in SLP i.19728/2006 which was dismissed vide order dated 08-12-2006. (6) In this view of the matter, we do not find any scope for interference in thls writ appeal. (7) The writ appeai, therefore, is liable to be dismissed and is hereby dismissed summarily on merits notVk'ithstanding that it is barred by tlme by 300 days_ ___-- Sd/- Chief Justice Sd^- L.C.Bhadoo judge Subbu II