•l^lGlf ^^, ^r^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION(S)No.<>bl\ Of 2010 PETITIONER: \^.^:"^^ .^S5SS> .^s^'"" ..^^..y-- <^-^-" o^" ^ ^ '.^' -^^ RESPONDENTS: --^•- / Smt. Balkunwar Wd/o Late Shri Uttain Singh Pareshwar, ^' aged about 45 years, R/o Village Barekel, Post Pirha, Tahsil and District Mahasaniund (CG). Versus /l. The State of Chhattisgarh, through the Secretary, School Education Department, Mantralay at D.K.S. Bhawan, Raipur (CG). 2. The Accountant General, Chhatdsgarh, Raipur, Pagariya Complex, Pandari, Raipur ^ 3. The Director PubUc Instructions, Chhattisgarh, Raipur (CG). ^' ^" 4. The Joint Director, Treasury Accounts and Pension, Raipur Division, Raipur (CG). 5. The Distorict Education Officer, Mahasainund, District Mahasamund (CG). y6. The Block Education Officer, Pithora, District Mahasamund (CG). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^:-'. HIGH COURT OF CHHATTISGARH : BiLASPUR WRIT PETITION (S) N0. 3811 OF 2010 Petltioner Smt. Balkunwar Versus Respondents The State of Chhattisgarh & Others (Writ Petition under Article 226 ofthe Constitution of india) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Rakesh Anthony, Advocate for the petitioner. Shri A.V.Shridhar, Panei Lawyer for the State. Shri R.Pradhan, Advocate forthe respondent No.2. ORDER (ORAU (Passed on this 7th day of February. 2011) 1. Learned counse! appearing for the petitioner submits that the case, being payment of retira! benefrts matter, may be referred to the pension committee. 2. Shri Shridhar, learned Panel Lawyer appearing for the State agrees with the submissions made by the learned counsel appearing for the petitioner and submits that the request of the petitioner is genuine and proper and the same order may be passed. 3. This Court, in the matter ofW.P. No. 4642/2004 (Baijnath Mandai v. The State of Chhattisgarh & Others) and other connected matters, directed the Committee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee wss constituted by the State Government, pursuant to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar v. State Government and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhattlsgarh & Others v. Baijnath Mandal and another). Thus, this r— .^•3' ,.x^.:. ^^ '"'% ^ J "•^%^^ 2 /\ petition is squarely covered by the judgment and order dated 31 ^ (- of January, 2008 passed jn W.P. No. 4642/2004 Baijnath Manda! (supra) as submitted by learned counsel appearing for the parties, 4. This petition is accordingly disposed of in the same terms i.e. the office of the Advocate General is directed to send the case to the Commjttee, within a period of 15 days from the date of receipt of a copy of the petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the officers concerned, within a further period of 15 days. The Committee shal! consider and pass order, in accordance with law, after affording proper opportunity of hearing to the petitioner. The petitjoner and the officers concerned may file additional documents, if necessary. The entire exercise, incJudJng payment of retiral dues, if any, to the petitioner be completed within a period of six weeks from the date of receipt of a copy of this order. 5. The petitioner shall supply extra copy of the petition to the learned counsel appearing for the respondents for forwarding the same to the Committee. Sd/- Satish K. Agnihotri Judge ashok