S. K. Shakya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4983 of 2018 S. K. Shakya S/o Late Ramnath, Aged About 70 Years, R/o Bairagpara, Pandariya, P. S. Pandariya, District Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through the Principal Secretary, Public Health and Family Welfare Department, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. The Accountant General of Chhattisgarh, Zero Balauda Bazar Road, Raipur, District Raipur, Chhattisgarh

3. The Chief Medical and Health Officer, Jashpur, District Jashpur, Chhattisgarh

4. The Joint Director, Treasury Accounts and Pension Bilaspur, District Bilaspur, Chhattisgarh

5. The Block Medical Officer, Community Health Centre, Farsabahar, District Jashpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Rakesh Pandey, Advocate For Respondent/State :

Shri Ashutosh Pandey, P.L.

For Respondent no.2 :

Shri Raj Kumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 06.08.2018 Considering the entire facts and circumstances, the writ petition with the consent of the parties is being disposed of. 2.

The grievance of the petitioner is that the petitioner has an order in his favour by the High Power Committee constituted by the State Govt. for

redressal of the pensionary benefits of the employees working with the State Govt. The Committee had passed an order in favour of the petitioner as early as on 28.06.2016 pursuant to which the petitioner is entitled for retiral-cum-pensionary benefits. The office of the Accountant General also has repeatedly been asking respondents 3 & 5 for producing necessary documents with which the pensionary benefits could be released to the petitioner. However, till date respondents 3 & 5 do not seem to have taken any step in this regard.

3.

Considering the limited nature of dispute i.e. pensionary benefit not being finalized only on account of the records of the petitioner not being produced before the office of the Accountant General by the competent authority, this Court does not intend to keep the petition pending, rather ends of justice would serve if a direction is given to respondents 3 & 5 to forthwith make available the records pertaining to the petitioner which there after should be processed for grant of pensionary benefits in the light of the order passed by the High Power Committee constituted for redressal of pensionary benefits of the employees of the State Govt. dated 28.06.2016. Let this exercise be done within a period of 45 days from the date of receipt of the order of this Court.

It shall be the responsibility of the petitioner to ensure that the order of this Court is brought to the notice of respondents 3 & 5 at the earliest. Respondents 3 & 5 are further directed to ensure compliance of this order or else the respondents 3 & 5 would be personally held liable for the delay caused in the releasing of the retiral dues payable to the petitioner.

Sd/- P. Sam Koshy Judge Bhola