^ \^]^ BFNCB IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.1 WRIT PETITION (S) N0. l( L<1 OF 2010 PETITIONER RESPQNDENTS \'° .••••^\> ^>€f!(?^.-- ^^?--- /" Balbhadra Pratap Singh Son of Late Indradev Singh, aged about 67'years, Resident of Surajpur, District Surguja (C.G.). VERSUS 1. State of Chhattisgarh, through : The Secretary, Panchayat and Rural Development Department, D.K.S. Bhawan, Raipur (C.G.). 2. The Secretary, Finance Department, D.K.S. Bhawan, Raipur (C.G.). 3. The Accountant General, Pandri Raipur (C.G.). 4. The High Power of Committee Retiral Dues, through the Chairman, Raipur (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTLTUTIQN OFJNDIA ^'10> <T-. ^^ HIGH COURT OF CHHATfISGARH AT BILASPUfi. WRIT PETmON (S) No. 441 of2010 PETmONER : BalbhadraPratapSin^i. VERSUS RESPONDENTS : StateofChhattisgarh&Others. WMT PETmON UNDER ARTICLE 226 OF THE CONSTITLTION OF INDIA SB: Hon'ble Shri Satish K. Aaarihotri. J. Present: Shri Ashok K. Shukla, Advocate for Ae petitioner. Shri N.N.Roy, Panel Lawyer fortiie State. Smt. Fouzia Mirza, Asstt. S.G. fbrthe respondent No. 3. ORALORDER ~8t (Passed on 01" day af Febmary, 2010) With the consent ofleamed counsel appearing for the parties, the matter is heard finally. 1. Leamed counsel appearing for the petitioner submits that the case, being payment of retiral benefits matter, may be referred to the pension comnuttee. 2. This Court, in the matter of W.P. No. 4642/2004 (Baijnath 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 tacts were involved. The ConBirittee was constituted by the State Govermnent, pursuant to the wder dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Govemment and others) and order dated 13.03.2008 passed m M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baymth Mandal and another). Thus, this petition is squarely cova-ed by the ^) -v' judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004 Baij'nath Mandal (supra) as suiMnitted by learaed counsel appearing for the parties. 3. With the consent ofthe parties, this petition is accordingly disposed of in the same terms i.e. fhe office ofthe Advocate General is directed to send fhe case to the Committee, wifhin a period of 15 days from the date of receipt of a copy of the petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and tiie officers concemed, within a farther period of 15 days. The Committee shall consider and pass order, in accordance with law, atter affording proper opportunity of hearing to the petitioner. The petitioner and 1he ofBcers concemed may file additional documents, if necessary. The entire exercise, includmg payment of retiral dues, tf any, to the petitioner be eompleted within a period offour months from th& date of receipt ofa copy ofthis order. 4. The petitioner shall supply extra copy of the petition to flie leamed counsel appearing for the respondents for forwarding the same to the Committee. . __ -— Sd/- SATISH K. AGNmOTRJ Judge Amit