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High Court Of ChhattisgarhWPS/5858/2014disposed off

Smt. Fulkumari Singh v. The State Of Chhattisgarh And ORS

2015-05-07Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5858 of 2014

1. Smt. Fulkumari Singh Wd/O Lt. Ram Milan Singh Aged About 62 years R/O Vill. Intaruri Tah. Teonthar Post Tangha Dist. Rewa (MP) R/O NH/19 Housing Board Colony Jashpur, Dist. Jashur (CG), Civil & Revenue Dist. Jashpur (CG).

---- Petitioner

Versus

1. The State Of Chhattisgarh, Through The Secretary Department Of Agriculture Mahanadi Bhawan Naya Raipur, Dist. Raipur CG

2. Director Agriculture Department Chhattisgarh Raipur Mahanadi Bhawn Naya Raipur, Dist. Raipur CG

3. Joint Director Agriculture Department Ambikapur At Ambikapur Dist. Surguja CG

4. Deputy Director Agriculture Department Balrampur Dist. BalrampurRamanujganj CG

5. Sub Divisional Officer Agriculture Department, Balrampur -Ramanaujganj CG

6. Office Of Accountant General Through Senior Account Officer, In Front Of Vidhan Sabha Raipur CG ---- Respondent For Petitioner Shri A.K. Prasad, Advocate For Respondent/State Shri P.K. Bhaduri, Govt. Adv.

For Respondent No.6 Shri R.K. Gupta, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/05/2015 Heard learned counsel for the parties.

1.

This case pertains to grievance of non-grant of retiral dues of the petitioner. Learned counsel appearing for the petitioner, on

instructions, submits that the matter may be referred to the Pension Committee.

2.

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.

3.

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

JUDGE

Gowri