Benu Ramtake v. State Govt. Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 227 of 2017 • Benu Ramtake S/o Shri S. Ramtake, Aged About 65 Years R/o Village Aroud, Post Kotela, Thana Charama, District North Baster, Kanker, (Chhattisgarh) ---- Petitioner

Versus

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

2. The Collector, Kanker, District North Baster, Kanker, (Chhattisgarh)

3. Treasury Officer, Treasury, Account And Pension, Kanker, District North Bastar, Kanker, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Manoj Chauhan, Advocate For Respondents-State :

Ms. Sunita Jain, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/04/2017

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 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 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