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High Court Of ChhattisgarhWPS/2724/2015disposed off

Keshaw Ram Bhakta v. State Of Chhattisgarh

2015-07-31Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2724 of 2015 Keshaw Ram Bhakta S/o Late Shri Vishal Ram Bhakta, Aged About 74 years, Post-Retired Head Master, Department Of School Education, R/o Batena Ward, Behind Arjuni Police Station, Dhamtari, District Dhamtari, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department of School Education Ministry, Mahanadi Bhavan, New Raipur, District Raipur, (Chhattisgarh)

2. The Accountant General, Through The Assistant Account Officer, Office of The Accountant General, General Provident Fund Section, Raipur, District Raipur, (Chhattisgarh)

3. District Education Officer, Dhamtari, District Dhamtari, (Chhattisgarh)

4. Block Education Officer Block Kurud, District Dhamtari, (Chhattisgarh) ---- Respondent For Petitioners :

Shri Alok Kumar Dewangan, Advocate.

For Respondent/State :

Shri YS Thakur, Deputy Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order On Board 31/07/2015 1.

This case pertains to grievance of non-payment of retiral dues to the petitioner.

2.

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

3.

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.

4.

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 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 and pension, if any, to the petitioner, be completed within a period of three months from the date of receipt of a copy of this order.

5.

With the above observation, this petition stands disposed of. Sd/- (P. Sam Koshy) Judge inder