Badri Vishal Dwivedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2353 of 2017 • Badri Vishal Dwivedi S/o Late Shri Sangam Lal Dwivedi, Aged About 65 Years Retired Time Keeper, R/o Ward No. 11, Pithoura, District Mahasamund (Chhattisgarh) Permanent Address : Village Nagarwar, Post Manpur, District Allahabad (Uttar Pradesh) ---- Petitioner

Versus

1. State of Chhattisgarh Through : Secretary, Department Of Public Works, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)

2. The Collector, Mahasamund District Mahasamund (Chhattisgarh)

3. Chief Engineer, Public Works Department, Raipur, District Raipur (Chhattisgarh)

4. Executive Engineer, Public Works Department, Division, Mahasamund District Mahasamund (Chhattisgarh) ---- Respondent For Petitioner :

Shri Sumit Shrivastava, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2017

1. 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.

2. 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.

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 a copy of the petition from the petitioner and this order. The Committee shall consider and pass a reasoned order within a further period of 3 months, in accordance with law, after affording proper opportunity of hearing to the parties. The petitioner and the officers concerned may file additional documents, if necessary. The entire exercise, including retiral dues of the employee and other pensionary benefits, if any, to the petitioner be completed within a period of three months from the date of receipt of a copy of this order.

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

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

6. Liberty as prayed for is granted.

7. Accordingly, the writ petition stands disposed of. Sd/- JUDGE PRASHANT KUMAR MISHRA ashu