Conservator Of Forest And General Manager v. S.R. Sinha

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC NO. 677 OF 2021 1.

Conservator of Forest and General Manager, Vanopaj Sahkari Sangh Maryadit, West Bhanupratappur, District Kanker (C.G.) 2.

Divisional Forest Officer and Managing Director, Zila Vanopaj Sahkari Sangh Maryadit, West Bhanupratappur, District Kanker (C.G.) 3.

Sub Divisional Officer, East Kapsi and Deputy Managing Director, District Union, West Bhanupratappur, District Kanker (C.G.) ... Applicants versus 1.

S.R. Sinha, S/o Shri Ramlal Sinha, aged about 71 years, R/o Madrasipara, Antagarh, District Kanker (C.G.) 2.

State of Chhattisgarh, through the Secretary, Forest Department, DKS Bhawan, District Raipur (C.G.) ... Respondents For Applicants :

Mr. Trivikram Nayak, Advocate.

For Respondent No.1 :

Mr. Raj Kumar Pali, Advocate.

For Respondent No.2 :

Ms. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board [13/12/2021] 1.

The present MCC has been filed by Applicants seeking for extension of time for compliance of the Order dated 10.9.2021 passed by this Court in W.P.(S) No.4826/2021.

2.

Vide Order dated 14.10.2019 passed in W.P.(S) No.395/2011, this Court had set aside/quashed the Order of penalty dated 19.8.2009 and the Authorities were directed to ensure necessary compliance of the order, however, the liberty was reserved for the Authorities if they deem fit to initiate appropriate action in accordance with law. 3.

Subsequently, W.P.(S) No.4826/2021 was filed by the Petitioner/Respondent No.1 herein seeking for appropriate direction to the Authorities for finalizing the pensionary benefits payable to him. The said Writ Petition was disposed of on 10.9.2021 directing the Authorities to ensure that the pensionary benefits payable to the Petitioner are released and finalized within ninety days. It was also ordered that in the event of

the pension payable to the Petitioner is not finalized, the entire amount payable to the Petitioner shall also carry interest at the rate of 10% per annum from the date of retirement till its realisation. 4.

The Petitioner/Respondent No.1, in the instant case, has crossed the age of superannuation on 31.7.2008. As such it is by now around thirteen and half years that the Petitioner stands retired and till date his pensionary benefits have not been finalized in spite of there being two Orders by this Court; firstly in W.P.(S) No.395/2011 decided on 14.10.2019 and subsequently in W.P.(S) No.4826/2021 decided on 10.9.2021.

5.

Given the aforesaid facts and circumstances, this Court does not find any strong case made out by the Applicants for grant of extension of time.

6.

MCC accordingly stands dismissed.

Sd/- (P. Sam Koshy) /sharad/ Judge