BODHAN SINGH THAKUR vs STATE OF CHHATTISGARH AND OTHERS

The present writ petition has been filed seeking quashment of order dated 09.09.2009 (Annexure P/1) passed by the High Power Committee

constituted for redressal of pensionary claims of the government employees. Relief was also sought that the respondents may fix the basic pay of the

petitioner at Rs.9000/-while quantifying the pension and that the respondents should pay interest @ 12 percent from the date the arrears fell due.

At this juncture it would be relevant to take note of the fact that vide the impugned order all that the Committee has held is that, the claim of the

petitioner stood already adjudicated in his favour in WPS No. 5364 of 2006 on 28.03.2008, therefore the Committee did not further process the

petitioner's claim.

At the same time, it would also be relevant to refer the operative part of the order passed in WPS No.5364 of 2006, which reads as under :

“15. In view of the foregoing and as admitted by learned counsel appearing for both the parties, this petition is disposed of in terms of the order

passed in the case of Vidyadhar Tiwari (Supra) i.e. the impugned order dated

31.07.2006 and 24.04.2006/24.05.2006 (Annexure P/1 and P/2) are hereby quashed. The petitioner is entitled to full pensionary benefits/gratuity

amount without any deduction. However, the respondents may take recourse to Rule 65 of the Rules, 1976, if so advised, in accordance with law and

basic principles of natural justice. No order asto costs.â€​

In the light of the order passed in WPS No.5364 of 2006, which is also accepted by the committee in its impugned order, so also has been accepted

by the State Government in their reply in paragraph 7 wherein they have admitted the fact that since the petitioner was drawing salary of Rs.9000/-,

his pension post retirement would be fixed in accordance with last salary drawn by the petitioner. Thus, this court is of the opinion that nothing further

remains to be adjudicated upon.

The petition is accordingly disposed of and it is directed that the respondents shall ensure that the petitioner's pensionary benefit are settled in

accordance with the order dated 28.03.2008 passed in WPS No.5364 of 2006. It is further directed that if the same has not been complied with, it

should be complied with forthwith within a period of 60 days and while quantifying the arrears, if any, payable to the petitioner, he shall also be entitled

for interest @ 10 percent per annum. The said interest amount shall be recovered from the erring officials who have deliberately not processed the

case of the petitioner. If the said order is already complied with, no any further action is required.

Since this petition is being disposed of in the absence of petitioner, he shall be at liberty to make an appropriate application/petition, in case if the

grievance still survives.

The Registry is also directed to send a copy of this order to the respondents for necessary compliance.