IN THEHIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.fSJ N0. ^^ /2009 PETITIONER: -'•-•'''>' c^^' r^^-^...---"" '•s^"..'- ^..•••••J^^-(A,^.::-- ^•^^^.y-'"'" ^•••••"'" RESPONDENTS 1. Radheshyam Patel S/o Late Shri Ghasiram Patel, Aged about 67 years, Retired Head Master, R/o ViUage 8& Post Gobersinha, Block Baramkela, Distt-Raigarh (C.G.) VERSUS State of Chhattisgarh Through : The Secretary, School Educatonal Department D.K.S. Bhawan, Raipur (C.G.) Accountaat General Chhattisgarh Raipur, District Raipur (C.G.) District Education OfEcer, Raigarh District Raigarh (C.G.) Block Education OfEcer, Block Baramkela, Distt Raigarh (C.G.) WMT PETITION UNDER ARTICLE 22& OF THE CONSTITUTION OF INDIA FORISSUANCE OF WRIT IN NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. The petitioner most humbly and respectfuUy begs to submit as under : . 1) PARnCULARSOFTHEPETmONER:-s As-stated in cause title abovfe., i 2. 3. 4. HIGH COURT OF CHHATTISGARH AT B1LASPUR WRTT PETmON (S) No. 5650 of2009 PETmONER RESPONDENTS Radheshvam Patel. VERSUS State ofChhattisgarh & Others. WRIT PETmON UNDER ARTICLE 226 OF THE CONSTrTUTION OF INDIA SB: Hon'ble ShriSatish K. Asnlhotri. J. Present: Shri D.R.Patel, Advocate for the petitioner. Smt. Smita Ghai, Panel Lawyer for the State/respondents 1, 3 & 4. Smt. Fouzia Mirza, Assistant Solicitor General for the responent No.2. V ^K ORDERfORALl (Passed on05ttl dayofOctober, 2009) Withthe consent offhe parties, the matter is heard finally. 1. Leamed counsel appearing for the petitioner submits that fhe 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 other conneeted matters, directed the Committee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee was constituted by the State Govemment pursuaiit to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Kefa Bai Chandrakar Vs. State Govemment and others) and order dated 13.03.2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijnath "f Mandal and another). Thus, tliis petition is squarely covered by the ^-' (^s' judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004. Baij'nath Mandal (supra) as submitted by leamed counsel appearing for the parties. With the consent offhe parties, this petition is aceordingly disposed of in the same terms i.e. the ofEce ofthe Advocate General is directed to send the case to the Committee, within a period of 15 days from the date ofreceipt ofa copy ofthe petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the ofBcers concemed, within a further period of 15 days. The Committee shall consider and pass order, in aecordance with law, after affording proper opportunity of hearing to fhe petitioner. The petitioner and the officers concemed may flle additional documents, if necessary. The entire exercise, mcluding payment of retiral dues, if any, to the petitionerbe completed within a period pffourmonths from the date of receipt ofa copy ofthis order. The petitioner shall supply extra copy of fhe petition to the leamed coiinsel appearing for the respondents for forwarding the same to the Gonunittee. SdA Satish K.Agnihotri ~~ Judge .s^ Amit