Mayaram Anant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1056 of 2017 • Mayaram Anant S/o Shri Dhansay Anant, Aged About 64 Years Working Upper Division Teacher, Govt. Middle School, Ghathadwari, Block Kartala, District Korba (Chhattisgarh) R/o Uchamitthi, Post Mahuda, Via Champa, District Janjgir Champa (Chhattisgarh) ---- Petitioner

Versus

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

2. Director, Public Instructions, Raipur District Raipur (Chhattisgarh)

3. Assistant Commissioner, Tribal Development Department, Korba, District Korba (Chhattisgarh)

4. District Education Officer, Korba, District Korba, Chhattisgarh.

5. Chairman, Retiral Dues Committee, Accountant General Office, Raipur District Raipur (Chhattisgarh)

6. Block Education Officer, Kartala, District Korba (Chhattisgarh) ---- Respondents For Petitioner :

Shri K.S. Pawar and Shri Shashi Kumar Kushwaha, Advocates For State :

Shri Shashank Thakur, Govt. Advocate For Respondent No.5 :

Shri Ashwani Shukla, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 02.03.2017 Heard on admission.

1.

This case pertains to grievance arising on account of non-grant of retiral dues. Learned counsel for the petitioner submits that the matter may be referred to the High Power Retiral Dues 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 13-32008 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 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, if any, to the petitioner, be completed within a period of four months from the date of receipt of copy of this order.

4.

The petitioner shall supply one complete set of the petition to the State counsel as well as counsel for the Accountant General for transferring the same to the Committee.

Sd/- (P. Sam Koshy) JUDGE Chandra