^^^^^,;,^ ^ . 'A .^&1\ 'k ^^ PETITIONER HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition No. 4842 of 2005 K.C. Bali, S/o. N.N. Bali, aged about 65 years, Junior Malaria Inspector P.S.C. Sitapur 9CG), atr present r/o. Near Gramin Bank Pendra, District Bilaspur (CG). RESPONDENTS Versus 1) The State of Chhttisgarh through th® Secretary, Department of Health, D.K.S. Bhawan, Raipur (CG). 2) The Joint Director, Health Services, Bilaspur, District Bilaspur (CG). 3) The Chief Medical officer, Surguja, Disfrict Surguja (CG). 4) The Chief Medical Officer, Bilaspur, District Bilaspur (CG). (Writ Petition under Articte 22/227 ofthe Constitutjon of India) *^'. "-'.. Singte Bench : Hon'ble Shri Satish K. Agnihotrt, d. Present: Mr. F.S. Khare, Advocat®for the petitioner. Mr. Pankaj Shrivastava Panel Lawyer for the State ORAL ORDER (Passed on this 26th day of March.2008) With consent of learned counsel appearing for the parties, the matter is heard finally. 2) Leamed counsel appearing for the petitioner submits that the case, being payment of retiral benefite matter, may be referred to the pension committee. 3) This Court, in the matter of W.P.No.4642/2004 (Baljnath Mandal Vs.The State of Chhattisgarh & others) and other connected mattera, directed the Committee to consider the matter of retrial dues as the disputed questton of facts were involved. The CommHtee was constituted bythe State ©overnment, pursuant to the order dated 19-06-2006 passed in W.P.No.1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government of Chhattisgarh and others), and order dated 13-3-2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh and others Vs. Baijnath Mandal and anottier). Thus, this petition is squarely covered by the judgment and order dated 31 January, 2008 passed ^ in W.P.No. 4642/2004 (Baijnath Mandal (supra) as submitted by learned counsel appearing forthe parties. 4) This petition is accordingly disposed of in the same terms i.e., ttie offlce of the Advocate Generat is directwi to send thecase to the Committee, w Sn a period of 15 days from the date of receipt of a copy of this order as well as a copy of the petition from the petittoner. Thereafter, the Committee shatl issve notice to the petitioner and ofRcers concerned within a further period @f15 days. The CommKtee shall consider and pass order, in accordance v^tti law, afltor affording proper opportunity of hearing to the petitioner. The pefitioner and the officers concemed may file additional dwuments, if necessary. The enfire exercise, including payrwnt of retiral dues, if any, to tihie petitioner, be compteted within a period of four months from the date of receipt of a copy of this order. 5) The petitioner shall supply one complete set of the petition to the Stete counsei for transferring the same to the Committee. 6) In case of grievance with regard to non-payinent of pensionery dues, it is not necessary to file a writ petition before this Court direcUy. The representatibn/application can be moved before the Pension Comm'rttee as stated above. The Pension Committee shall not refuse to entertein the representation/application, if so filed directly. 1 raju Sd/- Satish K. Agnihotri Judge