.I'< IN THE HIGH COURT OF CHHATTISGARHAT BILASPUR fC.G.) W.P.S.NO. ^16 f /2009 PETITONER ^'^? ^uffi ^ ' .-^ r^-'\f>..-''' ..-•"^•ys-1-" ..--'^^>" » -'^ i:<i"> *v--" ..^-' ^l^"... ^.^ RESPONDNETS ./'' VERSUS 1. 2. Smt. Resham Bai W/o- Policeram Satnami, aged about 63 years, R/o- Village- Khaprideeh, Tahsil- Janjgir, District- Janjgir-Champa (C.G.), through power of attorney holder Shailendra Kumar Ratre S/o- Tek chand Ratre, aged about 21 years, R/o- R/o- Village- Khaprideeh, Tahsil- Janjgir, District- Janjgir-Champa (C.G.) State of Chhattisgarh, Through the Secretary, Public Works Department, D.K.S. Bhawan, Raipur (C.G.) Sub Divisional Officer, Public Works Department, Division Janjgir, District- Janjgir- Champa (C.G.) ^ PETITIONER HIOH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S) No. S161 of 2009 Smt. Resham Bai Versus State of Chhattisgarh & Another (Writ Petition under Articie 226 ofthe Constitution of india) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. Present: Mr. F.S. Khare, Mvocste for the petitioner. Wr. Y.S. Thakur, Dy. Advocate Generai for the Stste. (PassedOR this 10 day ofSsptember, 2S09) 1. Heard iearned cousenl for the parties. 2. Learned counse! appearing for the petitioner submits that the case, being payment of retiral benefits matter, may be referred to the pension commtttee. 3. This Court, in the mafter of W.P.No.4642C004 (Baijnafh Manctei Vs.The Stete of Chhattisgarh & others) and other connected matters, directed the Committse to consider the matter of retiral dues, as the disputed auestion of facts were involved. The Commitiee was constltuted bv the State Government, pursuani 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 Manda! and another). Thus, this petition is squarely covered by the judgment and order datsd 31 January, 2008 passed in Baijnath Mandal (supra), as submitted by iearned counsel appearing for the parties. 4. This petition is accordingly disposed of in the same terms i.e., the office of the Advocate Generai is directed to send the case to the Committse. within a oeriod of 15 davs from ths date of receipt of a copv of this order ^ .-c- •'L- 6. Gowri as weil as a copy of the petition from the petitioner. Thereafter, the Committee shal! issue notice to the petitioner and ofRcers concerned within a further period of 15 days. The Committee shall consider and pass order, in accordance with law, after affording proper opportunity of hearing to the petitioner. The petitioner and the ofRcere concerned may file additionai documents, if necessarv. The entire exercise. inciudinQ payment of retiral dues, if any, to the petitioner, be completed within a period of four months from the date of receipt of a copy of this order. The petitioner shall suppiy one comptete set of the p^ition to the Stats counse! for transfemng Uie same to the Committee. In case of grievance with regard to non-pawnert of pen^onery dues, it is not necessarv to file a writ petition before this Court directly. The representation/application can b®moved before ttie Pension Committee as stated above. The Pension Committee shaii not refuse to sntertain the representation/appiication, ff so filed directly. Sd/- Satish K. Agnihotri Judge f. '^