^_ c /c ^v Sti BEFORE HON'BLE HIGH COURT^OF CHHATTISGARG AT BILASPUR (C.G.) Ifg^ WRIT PETITION (S) No.'.. ../2008. PETITIONER:- RESPONDENTS :- ^^ ^r.y Jogi Ram Rathiya S% Shri C.R. Rathiya aged about 60 yearsRetired Nayeb Tahsildar, R% Villiage & Post Chandra Shekhar Pur Tahsil Dharamjaigarh, District Raigarh (C.G.) VERSUS. 1. State ofChhattisgarh. Through its Cfaief Secretrary, Revenue Department, D.K.S. Bhavan, Mantralaya, Raipur (C.G.). ] /1. Commissioner, Bilaspur Revenue Division, Bilaspur (C.G.) . /3. Collector , District Korea (C.G.). /4. Accountant General ofC.G.State, Through its Joint Directoe , Kosh Lekha & Pension, Bilaspur (C.G.) . PETITION U/A 226 OF THE CONSTITUTION OF INDIA, FOR THE ISSUANCE OF APPROPRIATE WRIT/WMTS AND/OR DIRECTION/ DIRECTIONS. H1GH GOURT OF CHHATTISGARH AT BILASPUR PETmONER RESPONDENTS WMT PETmON (S) No. 4864 of2008 Jogi Ram Rathiya. VERSUS State ofChfaattisgarh & Others. PETmON U/A226 OF THE CONSTrTUTIQNOJ' INDIA SB: Hon'Me Shri Satish K. Aenfliotei, J. Present: Sfari Suresh Pandey, Advocate for the petitioner. Shri N.N.Roy, Panel Lawyer for Ifae State/respondents 1 to 3. ORALORDER (Passed on 16m day of Februar^', 2010) With the consent ofleamed counsel appearing for the parties, Ihe matter is heard fmallv. 1. Leamed counsel appearing for tiie petitioner subnrits that the 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 olher eonnected matters, directed the Committee to eonsider the matter of retiral dues as the disputed questiori of facts were involved. The Committee was eonstituted by the State Goveroment, pursuant to the order dated 19.06.2006 passed inW.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 ofChhattisgarh & Others v. Baynath Mandal and another). Thus, this petition is squarely covered by Ihe judgmentand order dated 31 of January, 2008 passed in W.P. No. ^ 'g ••i^t, 4642/2004 Baij'nath Mandal (supra) as submitted by leamed counsel appearing forthe parties. 3. With the consent ofthe parties, this petition is accordingly disposed of infhe sameterms i.e. tfae offiee ofthe Advoeate General is directedto send the case to the Committee, within a period of 15 days from the date of receipt of a copy of fhe petition from the petitioner and this order. Thereafter, the Conmuttee shall issue notice to the petitioner and the ofiBcers concemed, wittiin a filrther period of 15 days. The Committee shall consider and pass order, in accordance wifh law, after afibrding proper opportunity of hearing to the petitioner. The petitioner and the offieers eoncemed may file additional doeuments,if necessary. The entire exercise, including payment of retiral dues, if any, to the petitioner be completed withiu a period offour monfhs from the date of receipt ofa copy ofthis order. 4. The petitioner shall supply extra copy of Ihe petition to the leamed counsel appearing for the respondents for forwarding the same to the Committee. iJ^'t^ ^s^" /:_^v . y Satish^Agnifaotn N&'^^JUdge:':'':;;: Atmt ^"