High Court Of ChhattisgarhWPS/5112/2016disposed off

Smt. Dharjomani Kashyap S. I. M. v. State Of Chhattisgarh

2016-09-23Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5112 of 2016 Smt. Dharjomani Kashyap ( S. I. M. ) W/o Shri Lakshman Singh, Aged About 61 Years Working Under The Office Of Commandant 16th B.N. C.A.F. Narayanpur P.S. Kotwali, District Narayanpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home And Police Affairs, Secretariat, Mahanadi Bhawan, New Raipur, P.S. And Post Rakhi, District Raipur Chhattigarh

2. Director General Of Police, Police Head Quarter, Civil Line, P.S. Civil Line, District Raipur Chhattisgarh,

3. The Secretary Finance, Mahanadi Bhawan, Mantralay, Bhawan, Raipr, District Raipur Chhattisgarh

4. Inspector General Of Police, Jagdalpur P.S. Kotwali, Dsitrict Jagdalpur Chhattisgarh

5. Joint Director Of Division, Funds Account And Pension Jagdalpur, District Jagdalpur Chhattisgarh

6. The Director, Treasury Audit And Accounts Raipur District Raipur Chhattisgarh

7. The Commandant 16th B.N. C.A.F. Narayanpur P.S. Kotwali District Narayanpur Chhattisgarh ---- Respondents For Petitioner :

Shri Badruddin Khan, Advocate For Respondent-State :

Shri Dheeraj Wankhede, G.A.

S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/09/2016 Heard on admission.

1. Learned counsel for the petitioner submits that the issue raised by the

-2petitioner in this petition is covered by order dated 03.07.2015 passed by this Court in the case of Francis Xavier Back and others Vs. State of Chhattisgarh and others and batch of petitions, wherein this Court directed the Constitution of Committee to examine the cases of the petitioners therein to find out whether the cases of those petitioners are similar to that of one Abdul Nawab Khan and others Vs. State of Chhattisgarh and others and the order passed in that case on 07.05.2009 in WPS No.4563 of 2006.

2. Learned State counsel submits that the petitioner's claim would also be scrutinized and verified to find out whether the case of the petitioner is similar on facts and law as the case of Abdul Nawab Khan (supra) by the Committee constituted under the order of this Court passed on 03.07.2015 in the case of Francis Xavier Back (supra).

3. In view of the above, this petition is disposed off with the direction that the Committee constituted under the direction of this Court vide order dated 03.07.2015 in the case of Francis Xavier Back (supra) shall also examine the case of the petitioner. The petitioner shall submit a representation before the said committee within a period of one month from today. The representation shall be submitted through the Commandant 16th B.N. CAF, Narayanpur/respondent No.7. The Committee shall examine the issue as to whether the case of the petitioner is similar to Abdul Nawab Khan (supra). If the petitioner is found to be similar to those petitioners, then the petitioner shall also be entitled to all such benefits which are admissible to those petitioners on the subject issue.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha