Bhushan Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4125 of 2016 Bhushan Lal Sahu S/o Shri Shobhit Ram Sahu, Aged About 62 Years R/o Village & Post Ravan, Tahsil & District Baloda Bazar Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, Distrct Raipur Chhattisgarh

2. Accountant General, Chhattisgarh Raipur Chhattisgarh

3. District Education Officer, District Baloda Bazar Bhatapara Chhattisgarh

4. Block Education Officer, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioner :

Shri CJK Rao, Advocate For State :

Shri R.K. Gupta, Dy. A.G., on advance copy For Respondent No.2 :

Shri Ramakant Pandey, on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/08/2016 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 Rekha