,ii{li-r" •.y-^-s^... f' •• '••1>-, %!E^ii| | . ^ J S .,. '^ SS»'''^ :^^ ''''s^' ,-^'' Q '.^SfnC^- ^r <^/ ---- HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No. 1972 of2009 PETITIONER RESPONDENTS Chhedilal Pandev S/o Bhawaai Prasad Paiidey, aged about 64 years, Occupatioa Ex Peon, R/o village Karhi, Tahsil Mungeli, District Bilaspur (C.G.) VERSUS : 1. State of Chhattisgarh, through Secretary, Edueation Departnient, D.K.S. Bhawaii, Mantralay, Raipur District Raipur (C.G.) 2. Aucouritaiit Geiieral, Clihattisgarh, Pension Bada, Raipur, District Raipur (C.G.) 3. District Education Qfficer, Bilaspur, Distriet Bilaspur(C.G.) 4. Deputy Treasury Officer, Account and Pension, Bilaspur Division. Bilaspur, District Bilaspm-(C.G.) 5. Principal, Govemment Higher Secondary SchooS, Fasterpur, District Bilaspur (C.G.) WRIT PETmON U/A. 226 OF THE CONSTmmON OF INDIA SB: Hon'ble Shri Satish K. Ajsniho i, J. Present: S]sn Sunil Sahu, Advocate for the petitioner. Shri Arvind Dubey, Panel Lawyer forthe State/respondents 1, 3 to 5. Shfi Adil Minliaz, Advocate fof the respondent No. 2. ORALORUER (Passed on 17'°day ofApril, 2009) 1. With the consent ofthe parties, the matter is heard finally. 2. Leamed counsel appearing for the petitioner submits that the case, being payment of retiral benefits matter, may be reterred to the pension committee. 3. This Court, in tfae matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & Others) and ofher comiected matters, directed the Committee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee was constituted bv the State Govemment, pursuant to the order dated 19.06.2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Govemment and others) and order dated 13.03.2008 passed in 2 ''''^^s^' M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others v. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgpient and order dated 31 of January, 2008 p^sed in W.P. No. 4642/2004 Baij'nath Mandal (supra) as submitted by leamed counsel appearine for the parties. With the consent ofthe parties, this petition is accordmgly disposed of in the same terms i.e. the oftice ofthe Advocate General is directed to send the case to the Committee. within a period of 15 davs from the date of receipt of a copy of the petition from the petitioner and this order. Thereafter, the Committee shall issue notioe to the petitioner and the ofHcera concemed, within a further period of 15 davs. The Committee shall consider and pass order. in accordance with law. after affordine proper opportunity of hearing to the petitioner. ITie petitioner and the ofHcers eoncemed may file additional documents, if necessary. The entire exercise, including payment of retiral dues, if any, to the petitioner be completed within a period offour montfas from the date of receipt ofa copy ofthis order. The petitioner shall supply extra copy of the petition to Shri Dubey, leamed Panel Lawyer tbr the State/respondents 1, 3 to 5, and to Shri Minhaz, Advocate for the respondent No. 2 for forwarding the same to theCommittee. ——— Sd/- Satish K. Agnihotn Judge Asmt