Smt. Urvashi Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 409 of 2021 Smt. Urvashi Mishra Wife of Late Ramsevak Mishra Aged About 68 Years Resident Of Village- Mohla, Police Station- City Kotwali, District- Durg (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District- Raipur (Chhattisgarh) 2.

The Accountant General Government Of Chhattisgarh, Balodabazar Road, Raipur (Chhattisgarh) 3.

The Chief Medical And Health Officer, Durg, District - Durg (Chhattisgarh) 4.

The Chief Medical And Health Officer Balod, District- Balod (Chhattisgarh) 5.

The Block Medical Officer Community Health Center, Balod, District - Balod (Chhattisgarh) 6.

The Director Treasury, Accounts And Pension, Raipur, DistrictRaipur (Chhattisgarh) 7.

The District Treasury Officer Durg, District- Durg (Chhattisgarh) ---- Respondents For Petitioner :

Mr. B.P. Singh, Advocate For State :

Mr. Rahul Jha, Govt. Advocate For Respondent No.2 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 09/02/2021 1.

Counsel for the petitioner makes an oral request for amendment in the cause title to the extent of entering the correct name of the husband of the petitioner.

2.

The oral request is not opposed and is allowed. Let necessary correction be carried out during the course of the day itself.

3.

The grievance of the petitioner in the present writ petition is the nonsettlement of the GPF dues payable to the petitioner, which fell due originally on the husband of the petitioner, who is deceased employee in this case.

4.

The facts relevant for the disposal of the present writ petition is that the petitioner's husband was working as a Health Assistant under the respondent No.1 and who on attaining the age of superannuation retired from service w.e.f. 30.04.2005. Upon retirement the said employee was paid with all the other retiral dues, except for the GPF amount payable. The employee had been pursuing with the authorities for the release of the said amount, but the employee could not succeed and he unfortunately died on 28.10.2013 and thereafter the claim is being pursued by the petitioner, the widow of the deceased employee.

5.

According to the petitioner, from the documents available with them as on 2003 there was a credit balance of an amount of Rs.1,98,344/- in the GPF account of the petitioner's husband and there must have been definitely deposits made in the said account till the age of retirement, which too has to be added and the total balance amount has to be released to the petitioner.

6.

According to the counsel for the respondent No.2, they had already issued a letter to the employer for providing the details of the GPF passbook of the deceased employee in this case. According to the counsel for the respondent No.2, the pleadings show that the respondent No.3 has already issued a letter to the respondent No.5 for providing the GPF passbook of the petitioner so that the same

can be settled and released, however there does not seem to be any further development in this regard and the petitioner till date has been deprived of the rightful claim of GPF amount, which fell due as early as in the year 2005.

7.

Given the said dispute that the petitioner has and the fact that it is a case where claim is only in respect of the GPF amount, this Court is of the opinion that instead of admitting the writ petition at this juncture, ends of justice would meet if the respondent No.2 to 7 are directed to immediately take all necessary steps so far as the GPF passbook and GPF account of the deceased employee Ramsevak Mishra is concerned and on due verification of facts whatever is payable to the petitioner should be calculated with interest on the said amount till the date of payment and be released to the petitioner within an outer limit of 4 months from the date of receipt of the copy of this order. If required, the respondents can also call upon the petitioner for providing any necessary assistance, which the petitioner can provide in this regard.

8.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved