IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 5\\\§5 Of 2010 PETITIONER: Krishna Mohan Bariyar, S/o Ram Mohan Bariyar , aged about 64 years, Retired Principal; R/ o Sattipara, Ambikapur District Surguja (CG). Versus RESPONDENTS: The State of Chhattisgarh, through , the Secretary, Department of General Administration, Mantralay at D.K.S. Bhawan, Raipur (CG). /2. The Accountant General, Pagariya Complex, - Raipur District Raipur (CG). /3. The District Education Officer , Ambikapur , District Surguja (CG). Block Education Officer Block Ambikapur, District Surguja (CG). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ’ HIGH COURT OF CHHATTISGARH I BELA$PUR VVRIT PETiTiON (S) NOSé? 8 OF 20w Krishna Mohan Barivar Q : &ta:§oner ’4- é Vemus Rasnendems The State of Chhattisgarh & Others (Writ Petitien under Articm 226 of the Constituiim of india) S§ng§e Bench : Hon’bie Shri Satish K‘ Agnihotri, J. Preserii :- Shri Rakesh Sahu, Advacate for the petit§eneL Shri N.N. Rey, Panel Lawyer forthe 3mm. Ms. Fouzia Mizrza, Advocate forthe respondeni No.2 ORDER (ORAL) (Passed on this 18m day of January, 231 ’0 Leamed counse! apeearihg for the pehtioner submits that me impugned order dated 23.99.2009 (Anhexwe PMS} has been passed raiséng demand of recovew to €he tune of Rs. 61,7401— ffom the petmoner, wiihoui affording an ooportuniiv of hearing and without coneidenng ihe caee in its eniireiy, when nothing ie due from the petitioney. 2, Shii Roy, ieamed Panel Lawyei' appearing for fhe State submits iha’i ine maiiei’, being {elated to payment of reéirai benefite, may be refeneci to ihe pension committee. The teamed counsei tot the petitioner supports the above submiesion. 3. 'i'hie Court, in the matter ot’ WP. No. 46432004 (Baijnath Mandat v. The State of Ch’nattisgarh & Others} and other connected matters, directed the Committee to consider the mattet of retirat dues as the disputed question of facts wete invoived‘ The Commidee was constituted by the State Government, put’suant to the order dated 19.06.2005 gassed in WP. No. 195ti2006 ($mt. Kata Bai Chandrakar Vs. State Government and others) and order dated 13.03.2008 paeeed in M,C.C. No. IGS of 2008 {State of Chhattisgarh & Others v. Baijnath Mandai and another) i Thue, this petition is squarely covered by the judgment and order dated 3iet of January, 2W8 passed in WP. No. 45423684 Baijnath Mandai (eupra) as submitted by learned counsei appearing tot the parties. l h). @ the Pension Committee se 4. Accord‘mgky, i‘ne matter is referred to after constituted with a dimction to con$§der the case of the petmener affox’ding an epportunity of hearmg to an the concemed partiee arad with iaw, as expeditioush: as pass aperopr‘aa’ie omer m accordance a period of six weeks fmm the date 0t possibte, ptetetabty within reseipt of a copy of this order. 5. in the meantime, no coercive steps pufsuant to the ordef dated shat! be taken tttt the Committee takes a 23.09.2009 (Annexure PHO} deoisien, as aferestated. ' L 6. tn vtew of the above, the writ petition stands disposed kkikr/rfy of. Sdl- ' Sattsh K.Agnihotr1 Judge r. , e Arun