Disposed

Rajendra Kumar Japthapi v. State of Chhattisgarh

Chhattisgarh HC12 Dec 2023WPS/2823/2020

Case brief

AI extract

What is this about?

Petitioner, a retired officer, claimed pending retirement dues barred by stay on a challenge to his caste certificate. Post-disposal of the challenge petition, the Court disposed of the writ, allowing fresh representation to determination of dues.

What did the court decide?

Petitioner granted liberty to file fresh representation within two weeks; Respondents directed to decide within 60 days.

Rajendra Kumar Japthapi Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2823 of 2020

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Rajendra Kumar Japthapi S/o Late Mangi Lal Japthapi Aged About 66 Years R/o Sanket Nagar, Near Saini Jude Higher Secondary School, Mangrul Road, Khargone Madhya Pradesh., Madhya Pradesh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Director Directorate Of Industries, Udyog Bhawan, Ring Road No. 1, Telibandha, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Director Accounts, Treasury And Pensions, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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Accountant General Chhattisgarh Office Of Accountant General, Zero Point Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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---- Respondents

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(Cause-title as taken from CIS System)

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_______________________ For Petitioner	______________________________________ : Mr. Shashank Thakur, Advocate
For State	: Mr. Anmol Sharma, Panel Lawyer

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Hon'ble Shri Justice Arvind Singh Chandel

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Order On Board

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12/12/2023

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Learned Counsel appearing for the Petitioner submits that the Petitioner has been retired from his services on 31.10.2016. After his retirement, though he has granted benefit of GPF, GIS and 90% of anticipatory pension but, the remaining retiral dues that are leave encashment, gratuity, pensionary benefit of 10 % and arrears of 7^th pay commission have not been provided by the Respondents as the

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caste certificate submitted by the Petitioner was subject to scrutiny before the High Level Caste Scrutiny Committee. He further submits that the Caste Scrutiny Committee passed the order against the Petitioner which has been challenged by him before this Court in WP(S) No.605/2010.

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Referring to the return submitted by the State/Respondent, it is submitted by Counsel for the Petitioner that in the instant petition, stand is taken by the State that since the order passed by the Caste Scrutiny Committee is challenged by the Petitioner before this Court which is pending and there was an order of stay, therefore, the Respondent/State is unable to proceed further with the matter of the Petitioner.

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Learned Counsel appearing for the Petitioner further submits that as of now, WP(S) No.605/2010 has already disposed of vide order dated 06.07.2023 of this Court, therefore, it is prayed that looking to the above subsequent development, the instant petition may be disposed of giving liberty to the Petitioner to file a fresh representation before the Respondents No.1 & 2 raising the above subsequent developments and other grounds which he mentioned in the instant petition and after filing such representation, Respondents No.1 & 2 in turn may be directed to consider and decide the same expeditiously. He further submits that any outer limit may also be fixed by this Court for the aforementioned purpose.

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Learned Counsel appearing for the State not opposes the above prayer made by learned Counsel appearing for the Petitioner.

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I have heard learned counsel appearing for the parties.

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Considering the facts and circumstances of the case and submissions of Counsel appearing for the parties, the instant petition is disposed of giving liberty to the Petitioner to file a fresh representation before Respondents No.1 & 2 raising all grounds which he mentioned in the

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instant petition within two weeks from today and after filing such representation, Respondents No.1 & 2 in turn are directed to consider and decide the same expeditiously preferably within 60 days from the date of receipt of such representation in accordance with relevant rules and law.

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Certified copy as per rules.

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Sd/(Arvind Singh Chandel) Judge

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Shubham

Rajendra Kumar Japthapi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Japthapi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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