s' C^( o IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.PJS.) N0. ^?^> /2010 PETITIONER: / ^sy 4^^ /^^^^>' (?• a^ ^Q^y Motiram Patel S/o Sri Barat Ram Patel, (Retired Upper Division Teacher) Aged about 65 years R/o Village Penvara Post Devgaon Block Baramkela, District Raigarh (C.G.) '% RESPONDENTS VERSUS / / 2. / 3. 1. State of Chhattisgarh Through : The Secretary, School Education Department D.K.S. Bhawan, Raipur (C.G.) The Accountant General Chhattisgarh Raipur (C.G.) The District Education Officer y Raigarh, District Raigarh (C.G.) 4. The Principal Government High School Bar, Block Baramkela, District Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. HIGHCOURTOFCHHAITI8GARHATBILASPUR €]. '.^- ^s WRIT PETmON CS) No. 22 of2010 PETITIONER RESPONDENTS Motiram Patel. VERSUS State ofChhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA SB: Hoii'ble ShriSatish K. AsnMiotri, J. Present: Sfan D.R.Pate^ A^ ior the petitioner. Shri N.N.Roy, Panel Lawyer^^^^ 3 & 4. Shri R.Pradhan, Advocate for the respondent No. 2. ORALORDER (Passed on 07U1 day of January, 2010) Wifh the consent ofleamed counsel appearing for the parties, the matter is heard finally. 1. Leamed counsel appearmg for the petitioner submifs that fhe case, being paymeirt of retiral benefits matter, may be refeired to the pension comiTuttee. 2. This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & O^r^) and other connected niatters, directed the Conimittee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee was constituted by the State Govemment, pursuant to the order dated 19.06.2006 passed in W.P.No. 1961/2006 (Smt. KejaBai Chandrakar Vs. StateGovernment and otkers) and order dated 13.03.2008 passed m M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijmth Mandai and another). Thus, this petition is squarely covered by the judgtnent and order dated 31 of January, 2008 passed in W.P No. 4642/2004 Baijnath Mandal (supra) as submitted by leamed counsel appearing fbr the parties. 3. With the consent ofthe parties, this petition is aecordingly disposed of inthe same terms Le. the office ofthe Advocate G^neral is directedto sendthe case to the Committee, within a period ofl5 days fromthe date ofreceipt ofa copy ofthe petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the offieers concemed, within a fuilher period of 15 days. The Committee shall Consider aiid pass order, in accordance with law, after afibrding proper opportunity of hearing to the petitioner. The petitioner and tfae officers concemed may file additional documents, if necessary. The entii'e exercise, mcluding payment of retiral dues, if any, to the petitioner be completed within a period offour months from the date of receipt ofa copy ofthis order. 4. ^The petitioner shall supply extra copy ofthe petition to the leamed counsel appearing fbr the respondents for foi'warding the saiiie to the Committee. Sd/- SatishK.Agnihotri Judge Amit