Jethuram Dhruv v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4967 of 2011 • Jethuram Dhruv S/o Late Kansu Ram Dhruv, Aged about 69 years, Ex. Assistant Teacher (Science) Government Higher Secondary School, Village Jarve, Block Development Palari, Tahsil Palari, District - Raipur (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh through Principal Secretary School Education Department, D.K.S. Bhawan Raipur (C.G.)

2. District Education Officer Raipur District, Raipur

3. Principal Government Higher Secondary School Village Jarve, Tah. Palari Distt. Raipur (C.G.) ---- Respondents For Petitioner:

None.

For State:

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 12.04 .2

1. This is third round of litigation by the Petitioner before this Court. The first round of litigation was Writ Petition (S) No.3063/2006 which was for grant of higher pay scale and proper fixation of the pay. The Writ Petition was disposed off with a direction to the Respondents to consider the grievance of the Petitioner and decide his representation within a period of 2 months.

2. Thereafter, a Contempt Petition was filed against non-compliance of the said order as Contempt Petition No. 207/2007. The Contempt Petition was disposed on 24.01.2011, whereby the Contempt Court found that subsequent to the disposal of the Writ Petition, the Respondents have decided the representation of the

Petitioner and have to some extent redressed his grievance. However, liberty was granted to the Petitioner to avail remedy available to him in case grievance still survives.

3. In the present Writ Petition the Petitioner has sought for release of entire arrears of salary including the consequential benefits such as fixation of pension etc. The reading of the petition does not disclose any factual matrix which has been provided by the Petitioner by which it can be ascertained as to what is the amount of arrears by the increased salary and what erroneous fixation in the pension has been done at the hands of the Respondents.

4. In view of the said factual position, this Court is of the opinion that the ends of justice would meet if the present Writ Petition is disposed off with a direction to the Petitioner to approach committee constituted for the employees working under State Government for dispute pertaining to the retiral dues and benefits.

5. This petition is accordingly disposed of. The office of the Advocate General is directed to send the present case to the Committee, within a period of 15 days from the date of receipt of a copy of this order. Thereafter, the Committee shall issue notice to the petitioner and 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 petitioner. The petitioner and the officers concerned may file additional documents, if necessary. The entire exercise, including payment of retiral dues, if any, to the petitioner, be

completed within a period of six months from the date of receipt of a copy of this order.

6. The Writ Petitioner shall also be at liberty to make appropriate representation to the committee giving details of the claim which still has not been given to the Petitioner.

7. With the aforesaid observation, the Writ Petition stands disposed of.

Sd/- (P. Sam Koshy) JUDGE kishore