Smt. Veena Medhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5897 of 2016 • Smt. Veena Medhe, aged about 54 years, Wd/o Kishor Kumar Medhe, resident of MIG-I,D4-48, Avantika Abhilash Parisar, Tifra, Bilaspur, District Bilaspur (CG).

---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Department of Public Health Engineering, Mahanadi Bhawan Woman Mantralaya, District Raipur (CG).

2. The Engineer-in-Chief, Public Health Engineering Department, Indrawati Bhawan, District Raipur (CG).

3. The Superintending Engineer, Public Health Engineering Department, Ambikapur Circle, District Surguja (CG0.

4. The Executive Engineer, Public Health Engineering, Division Balrampur-Ramanujganj, District Balrampur-Ramanujganj (CG).

5. Joint Director, Treasury, Account and Pension, Ambikapur, Division Ambikapur (CG).

---- Respondents For Petitioner : Shri Rajesh Kumar Kesharwani, Advocate.

For State : Shri Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 26/10/2016 (1) With the consent of learned counsel for the parties, the matter is heard finally.

(2) This petition pertains to grant of retiral dues, provident fund and gratuity amount.

(3) Learned counsel appearing for the parties submit that the matter may be referred to the Pension Committee.

(4) This Court, in W.P. No. 4642 of 2004 (Baijnath Mandal v. The State of Chhattisgarh & others) and other concerned 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 Chandrakara v. State Government of Chhattisgarh and others), and order dated 13/03/2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh and others v. 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 of 2004, Baijanth Mandal (Supra) as submitted by the learned counsel for the parties.

(5) The petition is accordingly disposed of in the same terms i.e. the Office of the Advocate General is directed to send the case of the petitioner to the Committee within a period of 15 days from the date of receipt of a 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 be completed within a period of six months from the date of receipt of a copy of this order. (6) Registry is directed to supply one complete set of the writ petition to the State Counsel for transferring the same to the Committee.

(7) No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge L/-