(^ lerr^ ) c^ IN THE HIGH COURT OF CHHATTISGARH, AT - BILASPUR W. P. S. No. S^SS^ QF 2009 PETITIONER x^y/ ,^y "IIr ^', .<?' <^"'.y" ^ ^ RESPONDENTS ^Shobha Ram Behra, aged about - 60 years S/o Late Gaurang Behra, Retired - Constable ( R 977) from - Special Police Station, (Schedule Tribe / Schedule Caste ), Raipur (C. G.) R/o Village - Dhaman Ghutkuri, Tehsil - Basna, District - Mahasamund (C. G.) VERSUS ^- .2. 3. ^ State of Chhattisgarh, Through - Its Secretary/ Department of Home & Police, Mantralaya, D. K. S.Bhawan, Raipur The Senior Superintendent of Police, Raipur (C. G.) Accountant General of Chhattisgarh, Through : The Senior Accounts Officer, Chhattisgarh, H. Q. - Raipur (C.G.). Writ Petition under Article - 226 of the Constitution of India. HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON fS) No. 5386 of2009 PETITIONER RESPQNDENTS Shobha Ram Belii'a. VERSUS State ofChhattisgarh & Others. ® WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotri, J. Present: Shri R.K.Keshan^ani, Advocate for the petitioner. Shri M.P.S.Bhatia, Deputy Goveniment Advocate forthe State. Smt. Fouzia Mirza- Advocate forthe respondent No. 3. QRDERKMIAL) (Passed on 22nd day of September, 2009) Heard leamed counsel for the parties. 1. Leamed counsel appearing for the petitioner submits that the case, being paymesit of retiral benefits matter, may be referred to the pension comniittee. 2. This Court, in the matter ofW.P. No. 4642/2004 (Baynath Mandal v. The State of Chhattisgarh & Others) and other connected matters, directed the Committee to consider the matter ofretiral dues as the disputed question of facts were iiivolved. The Committee was constituted by the State Govemment, pursuant to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhatttsgarh & Others v. Baijnath Mandal and another). Tlius, this petition is squarely covered by the judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) as submitted by leamed counsel appeailng for the parties. 3. With the consent ofthe parties, this petition is accordingly disposed of in the same terms i.e. the office ofthe Advocate General is directed to send the case to the Committee^ within a period of 15 da;/s from the date of receipt of a copy of the petition from the petitioner and this order. Thereafter, the ComiBittee shall issue notice to the petitioner and the officers concemed, within a further period of 15 days. The Committee shall consider and pass order- m accordance with law, after affording proper opportumty of hearing to the petitioner. The petitioner and the officers concemed may file additional documents, ifnecessary. The entire exercise, iiicluding paynient of retiral dues, if any, to the petitioner be completed vvithin a period of four montlis from the date of receipt of a copy of this order. 4. The petitioner shall supply extra copy ofthe petition to the leamed counsel appearing for the respondents for forwarding the same to the Comiiiittee. Sd/- SatishK.Agnihotri Judge A^nit