Disposed

Radheshyam Soni v. The Managing Director

Chhattisgarh HC11 Sept 2023WPS/2338/2017

Case brief

AI extract

What is this about?

Bench disposed of the writ petition seeking quashing of an order regarding retirement benefits and direction for relief, directing the petitioner to file a fresh representation instead of keeping the matter pending.

What did the court decide?

Petitioner directed to file fresh representation raising all grounds within one month; respondent authorities directed to consider and decide representation within four months of receipt.

Radheshyam Soni Vs The Managing Director — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 2338 of 2017

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Radheshyam Soni, S/o Late Shri J. P. Soni, Aged About 70 Years, Retired Accounts Officer Chhattisgarh State CoOperative Marketing Federation, R/o Ravidas Chowk Chandaniapara, Janjgir, Distt. Janjgir- Champa, Chhattisgarh.

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---- Petitioner

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Versus

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The Managing Director, Chhattisgarh State Co-Operative Marketing Federation, Civil Lines, Raipur, District- Raipur, Chhattisgarh.

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The Secretary, Chhattisgarh State Co-Operative Marketing Federation, Civil Lines, Raipur, District- Raipur, Chhattisgarh.

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The Chief Accounts Officer, Chhattisgarh State CoOperative Marketing Federation, Civil Lines, Raipur, DistrictRaipur, Chhattisgarh.

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The Registrar, Chhattisgarh State Co-Operative Marketing Federation, Raipur, District- Raipur, Chhattisgarh.

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---- Respondents

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(Cause title taken from Court Information System)

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For Petitioner	:	Mr. Ashok K. Swarnkar, Advocate
For Respondents	:	Mr. Prafull N. Bharat, Sr.
		Advocate assisted by Mr.
		Keshav Dewangan, Advocate.

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Hon'ble Smt Justice Rajani Dubey Order on Board

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11/09/2023

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Heard Mr. Ashok K. Swarnkar, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Sr. Advocate assisted by Mr. Keshav Dewangan, Advocate.

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2 . The present writ petition has been filed by the petitioner with

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the following prayers:-

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“10.1 This Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal.

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10.2 This Hon’ble Court may kindly be pleased to issue a writ by quashing and setting aside the impugned order dated 3.3.12 ANNEXURE P/3, passed by respondent no.2 and further may kindly be pleased to direct the respondent no.2 to release the retirement benefit of the petitioner, to meet the ends of justice.

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10.3 Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of case may also kindly be granted.”

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3 . Learned counsel for the petitioner submits that the petitioner has preferred this petition being aggrieved by order dated 03.03.2012 (Annexure P/3), however, during the pendency of this petition, the petitioner has been exonerated from Departmental Enquiry and the respondent authorities have paid gratuity on 03.12.2017 but still some legal claim i.e. LTC claim, leave encashment etc. are still pending before respondent authorities.

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4 . Considering the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose would be

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served in keeping writ petition pending, rather ends of justice would meet if writ petition itself is disposed of with a direction to the petitioner to file a fresh representation raising all grounds before the respondent authorities.

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5 . Accordingly, this writ petition stands disposed of with a direction to the petitioner to file a fresh representation raising all his grounds before the respondent authorities within one month from the date of this order and respondent authorities to consider and decide the representation of petitioner, at the earliest, preferably within a period of four months from the date of receipt of representation of the petitioner, in accordance with law.

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6 . Certified copy as per rules.

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Sd/-

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(Rajani Dubey) Judge

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pkd

Radheshyam Soni v. The Managing Director

Case brief

What is this about?

What did the court decide?

Radheshyam Soni v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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