Disposed

Shivshanker Prasad Jaiswal v. State of Chhattisgarh and Ors.

Chhattisgarh HC8 Oct 2013WPS/2316/2012

Case brief

AI extract

What is this about?

In a writ petition seeking benefits of promotion, pay fixation, and pension recalculation, the petitioner was directed to approach the Pension Committee for adjudication. The Court held that disputed questions of fact regarding retiral dues are to be decided by the Committee.

What did the court decide?

Directions for sending the case to the Pension Committee and completing retiral dues payment within three months.

Shivshanker Prasad Jaiswal Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

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Siriate BsPBSi

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BEFORE THE HON'BLE HIGH COURT OFCHHATTISGARHAT BILASPUR

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WRIT PETITION (S) N0-^s^ / 2012

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PETITIONER Shivshanker Prasad Jaiswal, S/o Late Phekoo Prasead Jaiswal, Aged about 70 years; Retired ^< Principal, R/o. Bhyiathan Road, Surajpur, District- Surajpur (Chhattisgarh) .^^y^,^%^ VERSUS y<?<^ RESPONDENTS 1) State of Chhattisgarh, Through: Secretary Department of School Education, Mantralaya, D.K.S. Bhawan, Raipur (Chhattisgarh)

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Shivshanker Prasad Jaiswal, S/o Late Phekoo Prasead Jaiswal, Aged about 70 years; Retired Principal, R/o. Bhyiathan Road, Surajpur, District- Surajpur (Chhattisgarh)

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The Director, Directorate of Public Education, D.K.S. Bhawan, Raipur (Chhattisgarh) 3) The District Education Officer, District Education Office, Surajpur, District- Surajpur (Chhattisgarh)

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WRIT PETITION UNDER ARTICLE-226aFTHE CONSTITUTION OF INDIA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP(S)No.2316of2012

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PETITIONER

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Shivshanker Prasad Jaiswal

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-Versus-

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RESPONDENTS:

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State of Chhattisgarh & others

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Present

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Shri Ashish Surana, counsel for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State/respondents.

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Sinale Bench: Hon'ble Shri Prashant Kumar Mishra. J.

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ORAL ORDER

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(8-10-2013)

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The petitioner has filed this writ petition and prayed for the following reliefs:-

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That, this Hon'ble Court may kindly be pleased to direct the respondent authorities grant the benefit ofthe second kramonnati from 19-04-1999 on completio'n of 24 years of service as per the Government order dated 03-10-2008.

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That, the Hon'ble court may kindly be pleased to direct the respondent to fix the salary of the respondent at the pay scale of Rs.8000-27513500 from 27-06-2003 in accordancewith the terms ofthe promotion order dated 19-03-2003 and grant the arrears of pay after fixation of salary accordingly along-with all the consequential benefits.

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That, the Hon'ble Court may kindly be pleased to re-calculate the pension of the petitioner on the pay scale 8000-275-13500 which the petitioner is entitled on the date of retirement as per the promotion order dated 19-09-2003 and pay the arrears of pension due from the date of retirement after re-calculation.

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That, the Hon'ble Court may kindly be pleased to grant interest at the rate of 12 percent on the arrears of pay and pension re calculated on account of delay in fixation of pay and wrong computation of the retirement benefits.

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Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court.

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It appears, the issues raised and reliefs claimed in the writ petition are fequired to be considered by the Pension Committee.

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, iy3. This Court in W.P No.4642/2004 (Baijnath Mandal Vs. The State of

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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 19.6.2006 passed in W.P. No.1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government and others) and order dated 13.3.2008 passed^{inMCCNo. 105/2008} (State^{ofChhattisgarh&othersVs.Baijnath} Mandal and another). Thus, petition is squarely covered by the judgment and order dated 31st January, 2008 passed in W.P. No.4642/2004, Baijnath Mandal (Supra) as submitted by tearned counsel appearing for the parties.

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This writ 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, inaccordance 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 payment of retiral dues, if any, to the petitioner be completed within a period of 3 months from the date of receipt of a copy of this order.

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The petitioner shall supply extra copy of the petition to learned State counsel

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Barve

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for forwarding the same to the Committee.

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<;»!//-

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Prashant Kumar Mishra Judge

Shivshanker Prasad Jaiswal v. State of Chhattisgarh and Ors.

Case brief

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Shivshanker Prasad Jaiswal v. State of Chhattisgarh and Ors.

Case brief

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