t^ 1^_ SINCLE 8ENCH IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.fS)NO. | 65^ /2010 / Petitioner : Basant Kumar Tiwari, Aged about 67 years, S/o Late Shri N.P.Tiwari, Retired (During termination period) from the post Assistant Development Extension Officer, Mungeli, Distt. Bilaspur-(C.G.), R/o Village Madwani, Post - Baitalpur, Distt. Bilaspur-(C.G.) Versys Respondents ^/^// \^^yy -'.^' (^/ * --^y ^: ^- '/ ^.y '^ 1. f State of Chhattisgarh, Through - The Secretary, Panchayat and Rural Development bepartment Raipur- (C.G.) 2.»' The Commissioner, Bilaspur bivision, Bilaspur-(C.G.) 3. The Collector, Korba, Distt. Korba- (C.G.) 4. The Collector Bilaspur, Distt. Bilaspur-(C.<5.) 5. The Chief Executive Officer, Zila Panchayat Bilaspur-(C.G.) 6. The Chief Executive Officer, Biock- Mungeli, Distt. Bilaspur-(C.G.) 7. The Chief Executive Officer, Block - Podi, Uproda, Distt. Korba-(C.G.) WRIT PETITCON UNbER ARTICLE 226 OF THE CONSTCTUTION OFINDIA The petitioner most humbly and respectfuiiy beg to submit as under:- HIGH COURT OF CHHATTISGARH AT BILASPUR PETmONER WRTT PETmON (S) No. 1056 of2010 : Basant Kumar Tiwari. VERSU8 / •^' .^ RESPONDENTS : State ofChhattisgarh & Others. WRIT PETITIONUNDER ARTICLE 226 OF THECONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Asmhotri, J. Present: Shri K.S.Pawar, Advocate fbr th^ petitioner. ShriN.N.Roy, Paiiel La^vyer fbrthe StateA'espondeaits 1 to 4. ORALORDER (Passed on 12th day of March, 2010) With the consent of leamed counsel appeai-ing for the parties, the matter is heard finally. 1. Leamed counsel appeariiig for tfae petitioner submits that the case, being payment of retiral benefits matter, may l>e referred to the pension committee. 2. This Court, in the matter ofW:P. No. 4642/2004 (Baijwth Mandal v. The State ofChhattisgarh & Others) and otfier connected mattors, directed the Committee to consider the matter of retiral dues as the disputed question of facts were mvolved. The Conmuttee was constituted by the State Govemment, pursuant to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandmkar ¥s. State Govemment and others) aiid order dated 13.03.2008 passedin M.C.C. No. 105 of 2QQS (State of Chhattisgarh & Othersv. Baijnath Mandal and another). Thus, fhis petition is squarely cpvered by the judgm^iit and order dated 31st of January, 2008 passed m W.P. No. ^- v 4641/2004 Baynath Mandal (supra) as submitted by leamed comisel appearing for the parties. 3/ With the consent offhe parties, this petitionis accordmgly disposed of in the same terms i.e. the office ofthe Advocate General is directed to sendthe case to the Committee, within a period ofl5 days fromthe date ofreceipt of a copy offhe petition jfrom the petitioner aiid this order. Thereafter, the Committee shall issue notice to the petitioner and the officers concemed, wifhin afurtherperibd ofl5 days. The Committe^ shall considei' and pass ordei', in accordaiice wifh law, after affordirig proper oppQrtunity ofheai'ing to the petitioner. The petitioner aiid the officers concemed may file additional documents^ if necessary. The entire exercise, including payment of retiral dues, if any, to the petitioner be completed within aperiod offour months from the date of recetpt ofa copy ofthis order. 4. The petitioner shall supply extra copy of the petition to the leamed counsel appearing for the respondents for forwarding the same to the Committee. 1 Sd/- SatishK.Agnihotn Judge Amit