Mukesh Kumar Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3054 of 2015 • Mukesh Kumar Pradhan S/o Murli Ram Pradhan, Aged About 29 Years Guardian/ Maternal Uncle Of Minor Ku. Richa Samrath, D/o Late Jageshwar Samrath, R/o Village Badedongar, Tahsil Farasgaon, Police Station & Post Faragaon, Civil & Revenue District Kondagaon, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Capital Complex, New Raipur, District Raipur, (Chhattisgarh)

2. Commissioner, Department Of Tribal Welfare, Raipur, District Raipur, Chhattisgarh

3. Assistant Commissioner, Department Of Tribal Welfare, Kondagaon, District Kondagaon, Chhattisgarh

4. Accountant General, Pagariya Complex, Bus Stand, Raipur, District Raipur (Chhattisgarh)

5. District Treasury Officer, Kondagaon, District Kondagaon, (Chhattisgarh)

6. Smt. Deepak Samrath Second Wife Of Late Jageshwar Samrath, R/o Village Badedongar, Tahsil Farasgaon, Civil & Revenue District Kondagaon, (Chhattisgarh) ---- Respondents For Petitioner Shri Ashok Patil, Advocate For Respondent/State Shri Y.S. Thakur, Dy. AG For Respondents Ms. Purnima Singh, Advocate Hon'ble Justice Shri Prashant Kumar Mishra Order On Board By 24/08/2015

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

2. By this petition, the petitioner is 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 petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner 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 petitioner 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 petitioner be completed within a period of three months from the date of receipt of a copy of this order.

6. The petitioner 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 petitioner would submit that liberty may be reserved in favour of the petitioner 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 petitioner.

8. Liberty as prayed for is granted.

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