Vimal Das Vaishnav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2371 of 2020 • Vimal Das Vaishnav S/o Late Shri Jhadu Das Vaishnav Aged About 63 Years R/o House No. 100, Ward No.- 4, Ramayan Chowk, Village Pachri, Up-Tahsil Kharora, P.S.- Kharora, District- Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Nawa Raipur, District- Raipur, Chhattisgarh

2. Director Directorate Of Panchayat, Indrawati Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh

3. Chief Executive Officer Janpad Panchayat, Tilda, District- Raipur, Chhattisgarh

4. Chief Executive Officer Jila Panchayat, Raipur, District- Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Rajesh Kumar Tiwari, Advocate For Respondents/State :

Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 06/10/20

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner was retired from the post of Panchayat Secretary on 31.12.2019. He would further submit that the State Government by order dated 30.05.2012 has made the contributory pension scheme applicable to the Panchayat Secretaries and similarly placed other secretaries who are superannuated are being given the benefit of contributory pension scheme, however, the petitioner is being

deprived. He therefore, submits that under the circumstances at present the respondent No.4 may be directed to decide the representation of the petitioner by taking the contribution of the contributory pension scheme at one go.

3. Since the petitioner claims that the other Panchayat Secretaries are being given the benefit of contributory pension scheme and he has filed the representation Annexure P-4 before the respondent No.4 and the same is required to be decided. Since the earlier representation is dated 5th of November, 2019, therefore, it is directed that the petitioner shall file the afresh representation within a period of 3 weeks from today before the respondent No.4 and the respondent No.4 on receipt of such representation shall decide the representation of the petitioner within a further period of 90 days from the date of receipt of the representation. If the petitioner is found entitled for the benefit of the contributory pension scheme, the same may also be accorded.

4. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/-/- Goutam Bhaduri Judge Ashu