Vimal Kumar Mirre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3123 of 2015 • Vimal Kumar Mirre S/o Sahas Ram Mirre Aged About 63 Years Retired Head Master, Boys Middle School Ludeg, Block Patthalgaon, District Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. The Accountant General of Chhattisgarh, Raipur, District Raipur Chhattisgarh

3. Assistant Commissioner, Tribal Welfare Department, Jashpur, District Jashpur Chhattsigarh

4. Block Education Officer, Patthalgaon, District Jashpur, Chhattsigarh ---- Respondents For Petitioner :

Shri Ajeet Kumar Yadav, Advocate For Respondents-State :

Shri Bhaskar Payashi, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 26/08/2015

1. Learned counsel for the parties would submit that the issue involved and the relief claimed in the present petition are required to be considered by the pension committee.

2. This Court, in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & Others) and other connected 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 Chandrakar Vs. State Government and Others) and order dated 13/03/2008 passed in M.C.C. No. 105 of 2008 (State of

Chhattisgarh & Others V. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgment and order dated 31st of 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 the petition from the petitioner and this order. Thereafter, the Committee shall issue notice to the petitioner and the 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 parties. The petitioner and the officers concerned may file additional documents, if necessary. The entire exercise, including death-cum-retrial dues of the deceased employee and other pensionary benefits, if any, to the petitioner be completed within a period of three months from the date of receipt of a copy of this order.

4. The petitioner shall supply extra copy of the petition to learned counsel appearing for the State/respondents for forwarding the same to the Committee.

5. Learned counsel for the petitioner would submit that liberty may be reserved in favour of the petitioner to move a fresh writ petition if the decision made by the Committee on anyone of the claim including claim for interest is decided against the petitioner.

6. Liberty as prayed for is granted.

7. Accordingly, writ petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Ashu