C-i^ \^f ^ © IN THE HON'BLE HI6H COURT OF JUDICATURE AT BILASPUR fC.G.) WRIT PETETCON f S ) NO.(^5&OF 2010 PETCTIONER: \0 .•••". fx' ^.-^ ^6{~yy ^^y ^^y .^"^ 'y^ "^Sf' Maniram Chandrakar S/o. Shn" Raghunandan Chandrakar, aged about 65 years, Occupation - Retired Assistant Teacher , r/o. vitlage - Post Ghunchapali, Vikash Khand - Bagbahra, Distt- Mahasamund ( C.6.) VERSUS RESPONDENTS 1. The State of Chhattisgarh, Through the Secretary Tribal Welfare Department, DKS Building Raipur (C.6.) /' 2. The Assistant Commissioner, Tribal Welfare Mahasamun, bistt.- Mahasamun ( C.G.) 3. The Accountant fieneral, Account and Pension, Pension Bada Raipur, Distt.- Raipur ( C.&.) ^' 4. District Education officer, Mahasamun Distt.- Mahasamun ( C.G.) ^' <iy" 5. Block Education Officer, Vikash Khand Bagbahara, Distt.- AAahasamun (C..&.) vr- 6. Principal, 6ovt. Higher Secondary School, Bagbahara, Vikash Khnad Bagbahara, Distt.- Mahasamun (C.G.) WRIT PETETCON UNDER ARTECLE 226 OF CQNSTETUTION OF IN&IA. r \\ / HIGH COURT OF CHHATTISGARH AT BILASPUR WRTTPETITION(8) No. 450 of2010 PETmONER : ManiramChandrakar. VERSUS RESPONDENTS : The State ofChhattisgarh & Others. WRIT PETmON UNDER ARTICLE 226 OF THE C»NSTmJTIONOF BMDIA SBLHon'bte Shri Sattsh K. AsnUurtri, J. Present: Shri K.K.Pandey, Advocateforthepetitioner. Shri M.P.S.Bhatia, Dy. G.A. forthe State/respondents 1,2,4 to 6. Smt. Fouzia Mirza, Assistant Solicitor Geiwal for respondent No. 3. ORALORDER (Passed on 01stday of Febmary, 2010) With the consent ofleamed counsel appeazmgfor the parties, ths matter is heard finatly. 1. Leamed counsel appearing for Ifae petitionw submite that the case, being payment of retiral benefits matter, inay be referred to the pension eomnuttee. 2. This Court, in the matter of W.P. No. 4642/2004 (Baipwth Mandal v. The State of Chhattisgarh & Others) and other connected matters, directed the Committee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee was ccmstituted by the State Govemment, pursuant to the order dated 19.06.2006 passed m W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Govemment and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijmth Mandal and another). Thus, this petition is squarely covered by Ifae '^./ judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) as submitted by learaed counsel appearing for the parties. 3. With the consent ofthe parties, ttiis petition is accordingly disposed of in fhe same terms i.e. the ofBce ofthe Advocate Oeneral is directed to send fhe case to the Committee, within a period of 15 days from the date ofreceipt of a copy ofthe petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the officers concemed, within a further period of 15 days. The Conmiittee shall consider and pass order, ia accordance with law, afta- affca-ding proper opportunity of hearing to the petitioner. The petitinia- and the officers concemed may file additional documents, if necessary, The entire exercise, including payment of retiral dues, if any, to the petitioner be completed within a period offour monffas from the date of receipt ofa copy ofthis order. 4. The petitioner shall supply extra eopy of fhe petition to the leamed counsel appearing for the respondents for forwarding the same to the Committee. Sd/- Satish K. Agnihotri Judge Aimt