Dular Das Sahu v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5441 of 2018 Dular Das Sahu S/o Late Khorbahra Ram Sahu, Aged About 62 Years, R/o Village- Sankra (K), Post- Karhibhadar, Tahsil And District- Balod, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Secretary, Education Department, Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh

2. District Education Officer Balod, District- Balod, Chhattisgarh

3. District Treasury Officer, Tehsil Office Compound, Balod, DistrictBalod, Chhattisgarh

4. Principal Government Buniyadi Higher Secondary School Balod, District- Balod, Chhattisgarh

5. Accountant General (Accountants And Claims) Chhattisgarh Raipur Near Zero Point Baloda Bazar Road, Raipur, District- Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri R. K. Pali, Advocate For Respondents :

Shri Arvind Dubey, P.L. and Shri Raj Kumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 23.08.2018 1.

Learned counsel for the parties would submit that that 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 v. 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 31.01.2008 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 the petition from the petitioner and this order. The Committee shall consider and pass a reasoned order within a further period of three months, 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 retiral dues of the employee and other pensionary benefits, if any, to the petitioner be completed within a period of three months from the date of receipt of copy of this order.

4.

The petitioner shall supply extra copy of the petition to the 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 any of the claim including claim for

interest is decided against the petitioner.

6.

Liberty as prayed for is granted.

7.

Accordingly, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Bhola