Ramawatar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 72 of 2019 Ramawatar Gupta S/o Late Shri Ram Jiyawan Aged About 63 Years R/o Near Talab Azad Chowk, Mangala, Post- Mangala, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development, Mahandi Bhawan, Naya Raipur, DistrictRaipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Secretary General Administration Department, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Chhattisgarh Infrastructure Department Corporation Through Managing Director, Old Police Head Quarter, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. Commissioner Through Department Of Employment Provident Fund (Epf), Regional Office- Devendra Nagar, Pandari, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

5. Joint Director Through Department Of Urban Administration And Development, Directorate, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

6. Chief Municipal Officer Through Municipal Corporation Sakri, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For petitioner :

Shri S.P. Kale, Advocate.

For State :

Shri Salim Kazi, Dy. GA For Respondent No. 4 :

Shri Sunil Verma, under instruction from Shri Sunil Pillai, Advocates Hon'ble Shri Justice P. Sam Koshy Order on Board 09/01/2019 Counsel for respondent No. 4 is directed to accept notice on behalf of respondent No. 4.

1.

Limited grievance which the petitioner has is for a direction to the respondent No. 4 to take a decision at the earliest without transferring the E.P.F. Account of the petitioner G.P.F. and Pension Account. 2.

The brief facts relevant in the disposal of the writ petition that the petitioner was initially appointed under the erstwhile State of M.P. Road Transport

Corporation as Conductor. Subsequent on the creation of the State of Chhattisgarh, he had allocated State of Chhattisgarh where his services came under respondent No. 3. Working under respondent No. 3 services of the petitioner was placed on deputation under respondent No. 6 Nagar Panchayat, Sakri. Later on the services of the petitioner was duly absorbed in the Nagar Panchayat itself. The petitioner stood retired from service in the year 2017. The grievance of the petitioner is that after the services of the petitioner was absorbed with the Nagar Panchayat Sakri i.e. under Panchayat Services it became a pensionable service and the petitioner's could be made pensionable only in the event if his E.P.F. which is maintained under the respondent No. 4 is transfered to the G.P.F. Account.

3.

Given the said facts the petitioner therefore prays for an appropriate direction in this regard to the respondent No. 4. 4.

Given the aforesaid circumstances without expressing any opinion on the merits of the case it is directed that respondent No. 4 shall consider the claim of the petitioner for transferring his E.P.F. Account to the G.P.F. account and Pension Account. Let this exercise be completed within a period of 60 days from the date of receipt of certified copy of this order.

5.

Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE