Disposed

Smt. Padmani Nayak v. State of C.G. and Ors.

Chhattisgarh HC3 Oct 2016WPS/3568/2010

Case brief

AI extract

What is this about?

The High Court, with consent, directed that a pension dispute involving disputed facts be referred to the State Pension Committee for consideration within four months, relying on the原则 set in W.P. No. 4642 of 2004 (Baijnath Mandal case).

What did the court decide?

Office of Advocate General directed to send case to Pension Committee within 15 days; entire exercise to be completed within four months.

Smt. Padmani Nayak Vs State of C.G. and… — Pension and Retirement Benefits | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3568 of 2010

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Smt. Padmani Nayak, W/o late Shri Kailash Nath Nayak, aged about 55 years, Caste Bhumiya, R/o Village Chitakwin, Post Narayanpur, Tahsil Kunkuri, District Jashpur (CG).

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---- Petitioner

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Versus

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State of Chhattisgarh through Secretary, Department of Forest, DKS Bhawan, Raipur (CG).

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Divisional Forest Officer, Dharamjaigarh, District Raigarh (CG).

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Divisional Forest Officer, Jashpur, District Jashpur (CG).

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---- Respondents

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For Petitioner : Shri Parasmani Shriwas, Advocate.

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For Respondents/State : Shri Y.S. Thakur, Addl. Advocate General

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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03/10/2016

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(1) With the consent of learned counsel for the parties, the matter is heard finally.

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(2) Learned counsel appearing for the parties submit that the matter may be referred to the Pension Committee.

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(3) This Court, in W.P. No. 4642 of 2004 ( Baijnath Mandal v. The State of Chhattisgarh & others ) and other concerned 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 19/06/2006 passed in

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W.P. No. 1961/2006 ( Smt. Keja Bai Chandrakara v. State Government of Chhattisgarh and others ), and order dated 13/03/2008 passed in M.C.C. No. 105 of 2008 ( State of Chhattisgarh and others v. Baijnath Mandal and another ). Thus, this petition is squarely covered by the judgment and order dated 31st January, 2008 passed in W.P. No. 4642 of 2004, Baijanth Mandal (Supra) as submitted by the learned counsel for the parties.

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(4) The petition is accordingly disposed of in the same terms i.e. the Office of the Advocate General is directed to send the case of the petitioner to the Committee within a period of 15 days from the date of receipt of a copy of this order. Thereafter, the Committee shall issue notice to the petitioner and officers concerned within a further period of 15 days. The Committee shall consider and pass order in accordance with law, after affording proper opportunity of hearing to the petitioner. The petitioner and the officers concerned may file additional documents, if necessary. The entire exercise be completed within a period of four months from the date of receipt of a copy of this order.

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(5) Registry is directed to supply one complete set of the writ petition to the State Counsel for transferring the same to the Committee.

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(6) No order as to cost(s).

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Sd/-

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(Sanjay K. Agrawal) Judge

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L/-

Smt. Padmani Nayak v. State of C.G. and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Padmani Nayak v. State of C.G. and Ors.

Case brief

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