High Court Of ChhattisgarhWPS/4698/2010disposed off

Bal Bhyasi Dead Through Lrs v. State Of Chhattisgarh

2017-09-12Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4698 of 2010 • Bal Bhyasi (Dead) Through Lrs

1. (1) Smt. Pushpa Arora Aged about 53 Years W/o Late Bal Bhyasi R/o Dursanchar Colony, Behind Gopal Bhargav House, Makronio, Sagar, Madhya Pradesh

1. (2) Ku. Kirtee Aged about 24 Years D/o Late Bal Bhyasi R/o Dursanchar Colony, Behind Gopal Bhargav House, Makronio, Sagar, Madhya Pradesh

1. (3) Ku. Madhulika Aged about 25 Years D/o Late Bal Bhyasi R/o Dursanchar Colony, Behind Gopal Bhargav House, Makronio, Sagar, Madhya Pradesh

1. (4) Ku. Asha Aged about 20 Years D/o Late Bal Bhyasi R/o Dursanchar Colony, Behind Gopal Bhargav House, Makronio, Sagar, Madhya Pradesh

1. (5) Nishant Aged about 20 Years S/o Late Bal Bhyasi R/o Dursanchar Colony, Behind Gopal Bhargav House, Makronio, Sagar, Madhya Pradesh ---- Petitioners

Versus

1. State Of Chhattisgarh Through: The Secretary, Department Of Agriculture, Mantralaya, Dks Bhawan, Raipur, Chhattisgarh

3. The Director Directorate Of Agriculture, Labhandi, Raipur ,chhattisgarh

4. State Of Madhya Pradesh Through The Secretary, Department Of Agriculture, Ballabh Bhawan, Bhopal (Madhya Pradesh) ---- Respondents For Petitioner : Shri Vinod Deshmukh, Advocate For State of C.G.

Shri Chandresh Shrivastava, Panel Lawyer For State of M.P.

Smt. Anju Ahuja, Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/09/2017

1. The petitioner has challenged the order of reversion and by an interim order he, was allowed to continue on the post of Dy. Director. However, during the pendency of the petition, original petitioner- Shri Bal Bhyasi died on 3.3.2016. It is stated that for the period deceased petitioner worked, salary on the post

-2of Dy. Director has also been paid to him.

2. In view of the death of the employee, the cause of action does not survive and except for receiving retiral benefits, no other claim is required to be examined.

3. Legal representatives of the petitioner have already been brought on record. The respondents shall prepare the family pension case taking into consideration last pay drawn by the deceased employee till his death. All other retiral dues viz. GPF, gratuity , leave encashment, GIS would be admissible and payable to valid recipients in accordance with the applicable rules. The authorities are directed to conclude all the proceedings expeditiously and release payment within 3 months.

4. With the observation and direction as above, the petition is finally disposed off.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen