,^ <^p t2'N"'^ P Rpiii'r'^ ^^^^L^ QCVi^n. "7 IN THE HIGH COURT OF JUDICATURE :: CG :: BILASPUR WRIT PETITION(S) N0 : ^Z7^»S OF 2009 PETITIONER ^'^y- -..<-^ B. Prasad Yadav aged 63 yrs, s/o Shri G. Prasad CA Retd. Suprmtending Engineer PHE Department c/oShriS.S.Yadav Advocatc, A/S-91, Ageya Nagar BilaspurCG <€^° ^^ ..,.•'•" RESPONDENTS -VERSUS- 2. 3. The State of Chhattisgarh Throueh: The Secretery to the Govcrnment of Chhattisgarh, PuMic Healtfa and Engmeermg Department: DKS Bhavan Raipur CG The Engineer-in-Chief Public Health and Engineering Department: Raipur CG The Jomt Director, Treasury : Account and Pension, Raipur CG WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR <. r"^ WRIT PETmON (S) No. 5942 of2009 PETmONER RESPONDENTS B. Prasad Yadav. VERSUS The State ofChhattisgarh & Others. wmr FETmoN UNDER ARTICLE226 OF THE coNSTmjrioN OF INDIA SB: Hon'Me Shri Satish K. Asmhotri, J, $. Present: Shri Anurag Dayal Shrivastava, x^dvocate for the petitioner. Sliri A.V.Shridhar/PanelLaw^'erforthe State/respondents. ORDER(ORAL) (Passed on 20th day ofOctober, 2009) With the consent ofleamed counsel appearing for fhe parties, the matter isheard finally. 1. Leamedcounselappearmgforthepetitionersubmitsthatthe case, being payment of retiral benefits matter, may be referred to the pension committee. . 2. This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & Others) and other comiected matters, directed the Conmiittee to consider the matter of retiral dues as the disputed question of facts were mvolved. The Conmiittee was constitiited by fhe State Govemment, pureuanf to the ordei- dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Govemment and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgark & Others v. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgment and order dated 31st of Januaty, 2008 passed in W.P. No. .A 4. 4642/2004 Baijnath Manclal (supra) QLS submitted by leamed counsel appearing for the parties. 3. ^ With the consent ofthe parties, this petition is accordingly disposed of in the same temis i.e. the office ofthe Advocate General is directed to send tlie case to the Coiiimittee, within a period of 15 days from the date ofreceipt ofa copy ofthe petition from the petitioner and this order. Thereafter, the Conmiittee shall issue tiotice to the petitioner and the officers concemed, within a flirther period of 15 days. The Comniittee shall consider and pass order, iii accordance vvith law, after affording proper opportumty of hearing to the petitioner. The petitioner aiid the officers concemed may file additional documents, if necessaty- The entire exercise, including paytiient of retiral dues, if any, to the petitioner be completed withm a period offour months from the date of receipt ofa copy ofthis order. The petitioner shall supply extra copy of the petition to the leamed counsel appearing for the respondents for forwarding the same to the Committee. . ^-———- Sd/- t SatishK.Agnihotrr Judge Ajnit