Prashant Mishra v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (S) No. 5559 of 2010

1. Prashant Mishra, S/o. Late P.N.Mishra, aged about 28 years, R/o Wards No.8, Dhauratikuda Road, Baikunthpur, Distt.Korea (CG)

2. Santosh Mishra S/o Late Shri P.N.Mishra, aged about 39 years, R/o. Ward No.8, Dhauratikuda Road, Baikunthpur, Distt.Korea (CG)

3. Pramod Mishra, S/o. late Shri P.N. Mishra, aged about 26 years, R/o Ward No.8, Dhauratikuda Road, Baikunthpur, Distt.Korea (CG) ---- Petitioners

Versus

1. State of Chhattisgarh, Through : Secretary, Department of Water Resources, Mantralaya, D.K.S.Bhawan, Raipur (CG)

2. Chief Engineer, Hasdeo Kachhar Water Resources Department, Bilaspur (CG)

3. Executive Engineer, Water Resources Division No.1, Ambikapur.

4. Collector, Distt.Korea (CG)

5. Sub-Divisional officer, Distt.Korea (CG) ---- Respondents For Petitioners Shri Saurabh Dangi, Advocate For Respondent/State Shri Y.S. Thakur, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/12/2015 1.

With the consent of the learned counsel for the parties, the matter is heard finally.

2.

By this petition, the petitioners are seeking direction to the respondents to release retrial dues and other pensionary benefits as also the consequential benefits along with interest.

3.

Learned counsel for the parties would submit that the issue involved and the relief claimed in the present petition are required to be considered by the pension committee.

4.

This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & Others) and other connected 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 Government, pursuant to the order dated 19/06/2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government and Others) and order dated 13/03/2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others V. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgment and order dated 31st of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) as submitted by learned counsel appearing for the parties.

5.

This petition is accordingly disposed of in the same terms i.e. the office of the Advocate General is directed to send the case to the Committee, within a period of 15 days from the date of receipt of a copy of the petition from the petitioners and this order. Thereafter, the Committee shall issue notice to the petitioners and the officers 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 parties. The petitioners and the officers concerned may file additional documents, if necessary. The entire

exercise, including retrial dues of the employee and other pensionary benefits, if any, to the petitioners be completed within a period of three months from the date of receipt of a copy of this order. 6.

The petitioners shall supply extra copy of the petition to learned counsel appearing for the State/respondents for forwarding the same to the Committee.

7.

Learned counsel for the petitioners would submit that liberty may be reserved in favour of the petitioners to move fresh writ petition if the decision made by the Committee on anyone of the claim including claim for interest is decided against the petitioners. 8.

Liberty as prayed for is granted.

9.

Accordingly, the writ petition stands disposed of. Sd/- (Sanjay K. Agrawal) JUDGE B/-