Ishwar Prasad Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4757 of 2015 • Ishwar Prasad Dewangan S/o Late Shri Same Lal Dewangan, Aged About 65 Years R/o Village & Post Ranigaon, Police Station Ratanpur, Distt. Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, New Mantralaya, Mahanadi Bhawan, Raipur, (Chhattisgarh)

2. The District Education Officer, Bilaspur, Distt. Bilaspur, (Chhattisgarh)

3. The Block Education Officer, Kota, Distt. Bilaspur, (Chhattisgarh)

4. The Accountant General (A & E), Chhattisgarh, Raipur, (Chhattisgarh)

5. The Senior Account Officer/ Fund 3, Office Of The Accountant General ( A& E), Chhattisgarh, Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Rishi Rahul Soni, Advocate.

For Respondents/State : Shri Dhiraj Kumar Wankhede, Govt. Advocate For Respondent No. 4 :

Shri Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/12/2015 (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 letter petition to the State Counsel for transferring the same to the Committee.

(7) No order as to costs.

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