Ramnarayan Binjhwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5114 of 2020

1. Ramnarayan Binjhwar S/o Shriram Binjhwar Aged About 36 Years Resident Of Village- Nawapara (Sipat), Block- Masturi, DistrictBilaspur, Chhattisgarh

2. Satyam Kumar Binjhwar S/o Shriram Binjhwar Aged About 30 Years Resident Of Village- Jevra, Post- Jevra, Block- Masturi, DistrictBilaspur, Chhattisgarh ---- Petitioners

Versus

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

2. The Director Directorate Of Public Instructions, Atal Nagar, New Raipur, Chhattisgarh

3. The District Education Officer District Bilaspur, Chhattisgarh

4. The Joint Director Treasury, Accounts And Pension, Raipur Division, Raipur, Chhattisgarh

5. The Principal Govt. Girls Higher Secondary School, Magarlod, District Dhamtari, Chhattisgarh

6. Shyamnarayan Binjhwar S/o Shriram Binjhwar Aged About 33 Years R/o Ward No. 14, Ramnagar, Block- Kota, District- Bilaspur, Chhattisgarh

7. Shriram Binjhwar S/o Late Mithuram Aged About 57 Years Working As Lecturer, Govt. Girls Higher Secondary School, Magarlod, DistrictDhamtari, Chhattisgarh ---- Respondents For Petitioner :

Shri Harish Khuntiya, Advocate For State :

Shri Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 18.01.2021

1. The present writ petition has been filed by the petitioners seeking for an intervention of Court for a direction to the respondents to add their

name as nominees to the employee i.e. Shriram Binjhwar.

2. During the course of the arguments, the counsel for the petitioners submits that the employee in this present case, namely Shriram Binjhwar has already opted for voluntarily retirement and his request has also been accepted and thus he stands retired.

3. Given the aforesaid facts that the employee stands retired from service as on date and the employee is still alive, the question of adding the name of the petitioners as a nominees does not arise nor the employer at this juncture can be directed to add the names of the petitioners as nominees. That even otherwise since he is a retired employee and he is alive, all the dues payable would only go to the concerned employee.

4. Given the aforesaid facts, the writ petition being devoid of merits deserves to be and is accordingly rejected.

Sd/- P. Sam Koshy Judge Jyotijha