Partly allowed

Smt. Koushilya Nishad and Others v. State of Chhattisgarh and Ors.

Chhattisgarh HC9 Feb 2016WP/5390/2006

Case brief

AI extract

What is this about?

Single judge High Court of Chhattisgarh set aside the order of dismissal from service in a cooperative society by relying on a coordinate bench, holding petitioners (legal heirs of deceased employee) entitled to salary from date of termination to superannuation.

What did the court decide?

Impugned order of dismissal set aside; petitioners held entitled to salary payable to deceased employee from 30-1-99 to October 2005.

Smt. Koushilya Nishad and Others Vs… — Pension and Retirement Benefits | Chhattisgarh HC (2016)

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AMENDED PETITION

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I N THE HIGH COURTOF^{CHHATTIsGARHAT} BILASPUR (c.G.)

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W.P. NO. 5390/2006

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f C . PETITIONERS

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«0 1(a) Smt. K'oushilya'Nishad Widowof late Fagnu Ram Nishad, aged about 58 years, Smt. Bharti Nishad, wife of^Bharat Lal Nishad, D/o. late Fagnu Ram Nishad, aged about 41 years, _. Bha'rat Lal S/o. late Fagnu Ram Nishad, aged about 3‘9 years Lakhan Lal S/o. late Fagnu Ram Nishad; aged about 35 years 1(e) Krishna Kunar Son of late Fagnu Ram Nishad, aged about 3O years All R/o. Village Fingeswar,^Tahsil ‘Rajim, District Ra'ipur (C.G.) ’2

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VERSUS

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RE SPONDENTS

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State of Chhattis‘garh,, Through : Secretary Department of Cooperative, Mantralaya, D.K.S. Bhawan Raipur (C.G.) Additional Registrar, Co-operative Society, Chhattisgarh Raipur (C.G.) Joint Registrar, Coop’era’tiVe. Society, Chhattisgarh Raiurp (C.G.)‘

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Deputy^{Registrar,Cooperative} Raipur Society, Chhattisgarh (C-G.) Sahakari R'ajim Vikashkha‘nd Maryadit, Sanstha Vipdan Tahsil Rajim, Districf Fingeshwar, Raipur (C.G.), -: PnjalbandhaklManagie'r. Through Sahakari Rajim’ Vikashkhand Maryadit, Vipda'n Sanstha Tahsil Réjim, District Fingeshwar, Raipur (C.G.),

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WRIT^PE “HON^{UNDERARUCLE226/22?OF'THE} CONSTITUT!ON‘OF'^INDIA

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NAFR

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HIGH COURT OF CHHATTISGARH BILASPUR

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WP No. 5390 of 2006

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0 Smt. Koushilya Nishad & Others

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---- Petitioner

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Versus

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0 State Of Chhattisgarh & Ors.

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—--- Respondent

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For Petitioners vendra Pradhan‘ Advo‘éate 'Rao, ' For Respondents-State PL forthe Sta,te ; For Respondent No.5 d Dewangan, Advocate

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Hon'ble Sh s hant Kumar Mishra

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09/02/201 6

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‘a

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1. The original petitioner l a g‘n‘ Ram Nishad died during pendency of the writ petition. His legal heirs have already been brought on record. Challenge in the petition is to the order passed by the Registrar, Co-operative Societies on 28-10-05, dismissing petitioner's appeal which in turn was preferred against the order dated 1 1-1-05, passed by the Joint Registrar in an appeal preferred by respondent No.5. By this order the Joint Registrar had set aside the order passed by the Deputy Registrar on 26-6-01 and affirmed the order of dismissal from service passed by the Society on 31—1—99.

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Learned counsel for the petitioners would submit that in an exactly similar case this Court has set aside the order of dismissal from service and granted^{arrearsofsalary.}

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Having heard learned counsel for th e ptaries, it would appear that th e mratte

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is similar to the one decided by the co-ordinate Bench on 21-1—16 in WP No.5391/O6. Accordingly, the impugned order of dismissal is set aside and the petitioners are held entitled to salary which was payable to the deceased petitioner^from 30-1-99 to October, 2005 when the deceased employee attained the age of superannuation. lt shall be open for the petitioners^to represent for any other service dues that may have been payable to the deceased in consequence oftermination order having been held to be bad, if not already paid.

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This’order shall be complied with within a maximum eriod of three months ‘ from the date of receiptand tion of a certified co this order .

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The writ petition stand s

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above stated terms.

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Sd/-

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Prashant Kumar Mishra
Judge

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ashu

Smt. Koushilya Nishad and Others v. State of Chhattisgarh and Ors.

Case brief

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Smt. Koushilya Nishad and Others v. State of Chhattisgarh and Ors.

Case brief

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