Nageshwar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5165 of 2017 • Nageshwar Singh S/o Late Shri Sosai Singh Aged About 83 Years Retired Head Scout, Department Of Jail, R/o Village Mathpurena Near, Glorious School, Thana Tikarapara, District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. Joint Director, Treasury, Account And Pension, Durg, District Durg (Chhattisgarh).

3. Accountant General, Office Of The Accountant General, Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Vinay Pandey, Advocate For Respondent/State :

Shri Manish Nigam, PL For Respondent No.3 :

Shri Rajkumar Gupta, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/09/2017 Heard on admission.

1.

This case pertains to grievance arising on account of non-grant of retiral dues. Learned counsel for the petitioner submits that the matter may be referred to the High Power Retiral Dues Committee.

2.

This Court, in W.P.No.4642/2004 (Baijnath Mandal Vs. The State of Chhattisgarh & others) and other connected matters, directed the Committee to consider the matter of retrial 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 of Chhattisgarh and others), and order dated 13-3-2008 passed in M.C.C. No.105 of 2008 (State of Chhattisgarh and others Vs. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgment and order dated 31st January, 2008 passed in W.P.No.4642/2004 (Baijnath Mandal (supra) as submitted by learned counsel appearing for the parties.

3.

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 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 four months from the date of receipt of copy of this order.

4.

The petitioner shall supply one complete set of the petition to the State counsel as well as counsel for the Accountant General for transferring the same to the Committee.

SD/- (Manindra Mohan Shrivastava) J U D G E Tumane