AFK ^(^ ow H1GH COURT OF CHHATTiSGARH : BiLASPUR WRIT PETITION (S) N0.7070 OF 2008 PETITiONERS ,/" RESPONDENTS t-^ 1. Smt. Mithila Dubey, aged 37 yeare, W/o Late Premraj Rajeshwar Dubey. 2. Parasmani Dubey (Minor), aged 17 years, S/o Lats Premraj Rajeshwar Dubey. 3. Ku. Khushbu Dubey, aged 13 years, D/o Late Premraj Rajeshwar Dubey. 4. Aishwarya Dubey, aged 11 years, S/o Late Premraj Rajeshwar Dubey. On behalf of the petitioner No.2 to 4 the natura! Guardian & Mother Smt. IVIithita Dubey, widow of Late Premraj Rajeshwar Dubey. Aii the petitioners are resident of viilage Chhuri, Tahsil Katghora, District Korba Versus 1. Chhattisgarh State Electricity Board, Through the Seoretary, H.Q. - Dagania, Raipur (CG). 2. Superintending Engineer (H.Q.), O/o Chief Engineer, H.T.P.8., C.S.E.B., Korba (West), DistrictKorba (CG). 3. Executive Engineer (Civil), H.T.P.S., C.S.E.B., Korba (West), District Korba (CG). 4. Smt. Shanti Bai,W/o RamchanderGond. 5. Vinod Kumar, Son of Ramchader Gond. Both R/o viltage Konkona, P.S. Bango, Tahsi! Katghora, District Korba (CG$. OWrit petition under Articie 226 of the Consfitution of tndia) Singie Bench : Hon'ble Shri Satish K. Agnihotri, J. Present: Shri R.K. Kesharwani, counsei for the petitioneis. Shri Abhishek Sinha, counsel for respondents No.1 to 3. Shri H.B. Agrawal, Sr. Advocate with Ms. Rinid Tamrakar, Advocat®forthe respondents No.4 & 5. ORAL ORDER (Passed on this 1st day of September, 2008) With the consent of learned counsel appearing for the parties, the petition is heard finally. 2) This matter pertains to grant of retriai benefrts and family pension between the two wives ofthe deceased employee and Iheir chiidren. 2-- 3) By order dated 8-7-2008, with the consent of the parties, the matter was referred to the mediation under the provisions of the Chhattisgarh Civii Procedure Alternative Dispute Resolution and Mediation Rules, 2006. 4) The dispute invoived in this petition has been settled in the mediation in the following manner and the same is become the part of the order: 'That, the party No. I, heirs of deceased Premraj Rajeshwar Dubey, who was Peon in the office of Chhattisgarh Sfate Electrteily Board,Korba and has died in harness, areseeking payment of famiiy pension -and other post reiriai benefrts in their favour and are aiso SeeRing appointment on compassionate ground in accordance with law. That, the party No. II have been ordered by the learned Civii Judge, Class-1, Kafghora, the issuance of succession certificate for receiving the amount of Rs.2,10,023/- from the Chhattisgarh State Eiectricity Board, Korba in Succession Case No.16/04 vide order dated 28.2.2006, which has been maintained by the District Judge, Korba white dismissing the Misc. Civii Appeal No.2/04, preferred by the Party No. 1 against the order dated 28.2.20W, vide order dated 7*^ July, 2006. That, the party No. il are claiming for the post retira! benefits and compassionate appointment on the basis of suco^sion certificafe granted to them in Succ^.sionCase No.16/04 vide orderdated28.2.200S. That, the party No. i have aiso filed a civil suit for declaration and injuncfion before the Addiiional District Judge, Katghora, Distt. Korba (CG) as Civii Suit No.7A/07, which is pending before the said Court. That, the parties Smt. Mithita Dubey and Smt, Shanti Bai heire of the deceased Premraj Raj^hwar Dubey, appeared and participated in the mediation proceedings. For the sake of convenience, the parties were heard jointiy and separately and aiso in presence of their counsel as per mediation process. Both the parties agreed to resolve Sheir dispute through an agreement. The parties gave their consent without any pressure, threat; unlawfui promise; and coilusion and on the above-mentioned basis, the following agreement with respect to adjudication of the dispiite regarding grant of post retiral benefits, family pension and compassjonate ?>- ^S-ESK^;, //"^'^. i °•«! K .«•'^ appointment, has been arriveci at between the parties to the proceedings. Theterms & conditions of the agreement/compromise are as follows: (i) That, the party No. 1 wili be receiving the family pension from the office of Chhattisgarh State Eiectricity Board, Korba, Distt. Korba (CG) as per Ruie 47 of the Chhattisgarh Civil Seroice (Pension) Rules, 1976. (ii) ThaS, the family pension of deceased Premraj Rajeshwar Dubey wi!l be received by the party No. 1 and from the arreare of the said famiiy pension pertaining to the year 2004 i.e. from Ihe date of death of deceased Premraj Rajeshwar Dubey, tiil date, the party No. 1 wiil pay an amount of Rs.30,000/- to the (iiD (iv) (V) (VI) That, the party No, II will be receivina the amount of death ciaim (gratuity ete.) amounting to Rs.2,10,023/-. That, the party No. ! wit! withdraw the Ciwl Su'rt No. 7A/07 pending before fhe Court of Additionai District Judge, Katghora, Distt. Korba (CG). That, the party No. 1 will be having the right and liberty to make an application before the office of Chhattisgarh State Electricity Board, Korba for grant of appointment on the compassionate basis on account of death of Shri Premraj Rajeshwar Dubey, who died in hamess while working as Peon in the offlce of Chhattisgarh State Electricity Board, Korba and the party No. ii wiii have no objection to the application, so preferred. That, both the parties wiil not make any claim with respect to any of the amount, which has been settted between them by way of this agreemenl from the office of Chhattisgarh State Electricity Board, Korba. That, both the parties to the proceedings have agreed to the terms and conditions of the above agreement on the basis of benefits sought by them. The contents of this agreement has been read overto the parties and explained to them in Hindi and ihey have understood the same fully. The parties have 4 ^ / no objection to any of the tp-rms and conditions of the agreement. That, the mediation proceeding is hereby complete. Both the parties wiil be bound to comply with the terms and conditions of ihe agreement. Party No. 11 Sd/- 1 Smt. Sharrti Bai Sd/- 2 Vinod Kumar Sd/- 1 Smt. Mithiia Dubey Sd/- 2 Parasmani Dubey (Minor) 3 Sd/- Ku. Khushbu Dubey (I^inor) 4 Sd/- Aishwary-a Dubey (Minor) Identified by me Sd/- (R.K. Kesharwani) Adv. Identified by me Sd/- Pankaj Agrawal, Advocate, Biiaspur (CG). Dtd. 19-8-( Sd/- (Smt. Fouzia Mirza) Mediator, /08/2008 Mediation Centre, High Gourt Premises, Bilaspur. Gowri That, the dispute between the party No. 1 and party No. il has been resoived through mediation prcscess and party No. iil has no objection to the terms and conditions of fhe agreement between the party No. 1 and ii. Sd/- (Shri Abhishek Sinha) Counsel for the CG SSate Electricity Board Bilaspur (CG)" 5) !t is ordered accordingly. The parties shall abide by the terms of the mediation. 6) In view of the foregoing, Ihe petition stands disposed of. 7) Consequently, the interim order passed eariier stands discharged. The pending applteations, if any, also stand disposed of — - Sd/- Satish K. Agnihotri Judge