C^\o^__ IN THE HIGH COURT OF CHHArTISGARH AT BILASPUR W. P. JSLN^. Tf^ I 2—OF2010. PETITIONER ie°'tt' A«&•-•" Chhedu Ram Jain, S/o. Shri Jail Lal Sai, aged about 68 years, Retired Head Master, R/o. Village Masana, Post Lilejhar, Block Charama, District Kanker (C. G.). VERSUS RESPONDENTS s^"^ "^^ .^ •<- ^.^' .;:-%;"%^;,.- 1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. <^Divisional, Joint Director, Treasuiy, Accounts and Pension, Division Jagdalpur, District Bastar (C. G.) 3. Block Education Officer, Block Charama, District Kanker (C.G.) s.v..^ WRIT PETITION UNDER ARTICLE22j60FLTHE CONSTITUTION OF INDIA ;^,"%. ". "<. Ss^^ %^N 1 HiGH COURT OF CHHATTISGARH : BiLA.SPUR WRIT PETITION ^ N0.7712 OF 2010 Chhedu Ram Jain Versus State of Chhattisaarh & Others fvVrit Petiiion underArticle 226 ofthe Constitution of india) Singis Bench : Hon'bis Shri Satish K. Agnihotri, J. Present:- Shri Somxant Verma, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for the State. ORDER (ORAL) (Passed on this 3 day of January, 2011) 1. Learned counsel apDearing for the peiitioner submlts that the impugned order dated 30.10.2004 (Annexure P/1) has been passed raising a recovery to the tune of Rs. 26.262/- from the petitioner, withouf affordlng an opportunity of hearing and without consider the case In its entirety, when nothing is due from the petitioner. 2. Shri Dubey, iearned Government Advocate appearing for the State submits that the matter being related to payment of retirai benefrts, the same may be referred to the pension committee. 3. 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 disDuted auestion of facts were invoived. The Committee was constituted by the State Government, pursuant to the order dated 19.06.2006 passed in W.P. No. 19S1/2006 (Smt. Keja Bai Chandrakar Vs. State Government and others) and order dated 13.03.2008 oassed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijnath Mandal and another). Thus, this petition is squareiy covered by the judgment and order dated 31st of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) as submitted by learned counsel appearing forthe parties. •^^ 4. Accordinqly, the matter is referred to the Pensiori Committee so constituted with a direction to consider the case of the petitioner after affordlng an opportunity of hearing to alt the concerned parties and pass appropriate order in accordance with law, as expeditiousiy as possible, preferably within a period of six weeks from the date of receiot of a copv of this order. 5. in the meantime, no coercive steps pursuant to the order dated 30.10.2004 (Annexure P/1) shail be taken tlil the Committee takes a dscision, as aforestated. 6. In view of the above, the writ Detition is disoosed of. Arur Sd/- Satish K. Agnihotri Judge