Shamim Mohammad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6962 of 2016 Shamim Mohammad, aged 63 years, son of late Noor Mohammad, Forest, Ranger, Retired, Sanskar Vihar, Astha Colony, Q.No.3, Kurud, Near Rungta College, Bhilai, District Durg (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Department of Forest, Mantralay, Mahanadi Bhawan, New Raipur (CG)

2. Divisional Forest Officer, Baloda-Bazaar-Bhatapara (CG)

3. Accountant General, State of Chhattisgarh, Saddu, Raipur (CG) ---- Respondents ------------------------------------------------------------------------------------------------- For Petitioner : Mr.Ritesh Verma, Advocate For Respondents/State : Mr.Dhiraj Wankhede, G.A. ------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board /12/2016

1. Heard.

2. The petitioner, retired employee, has filed this writ petition seeking a direction to the respondents to finalize and pay full pensionary benefits under the law.

3. It is submitted that the petitioner had retired from service from the post of Forest Ranger w.e.f. 31.1.2016, however, on account of pendency of departmental enquiry, benefits of retirement have not been released in his favour except part payment of provisional pension vide order dated 2.2.2016. It is further submitted that now the competent authority has passed the final order in departmental enquiry on 14.9.2016, by which recovery of ₹ 1672/- has been imposed on the petitioner and departmental enquiry has been

closed. In these circumstances, the respondents be directed to finalize the pension case of the petitioner and release all retirement benefits.

4. Learned Government Advocate for the respondents/State submits that upon conclusion of departmental enquiry order of recovery of ₹ 1672/- has been passed by the competent authority on 14.9.2016. He further submits that after adjusting the said amount from the petitioner immediate steps would be taken to finalize the pension case of the petitioner and release all pensionary benefits, which have not been taken so far.

5. In view of aforesaid statement, the writ petition, at this stage, is disposed off with a direction to respondents No. 1 and 2 to finalize the pension case of the petitioner and release all pensionary benefits in his favour as early as possible preferably within a period of three months from the date of receipt of certified copy of this order after adjusting the recovery of ₹ 1672/-. No order as to cost(s).

Sd/- (Manindra Mohan Shrivastava) Judge B/-