Purushottam Lal Dewangan v. State Of C.G. And ORS

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 166 of 2014 Purushottam Lal Dewangan, S/o Sahdev Dewangan, Aged About 68 Years, (Retired Assistant Teacher), R/o Village Sonthi, Tahsil And Police Station Sakti, Civil And Revenue District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, School Education Department, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Accountant General, Chhattisgarh, Raipur, District Raipur, Chhattisgarh

3. Director, Account and Treasurer, Raipur, District Raipur, Chhattisgarh

4. Joint Director, Account and Treasurer, Bilaspur, District Bilaspur, Chhattisgarh

5. District Education Officer, Janjgir, District Janjgir-Champa, Chhattisgarh

6. Principal, Model Govt. Higher Secondary School, Sakti, District JanjgirChampa, Chhattisgarh ----Respondents For Petitioner :

Mr. Tarun Dansena, Advocate For State :

Mr. Adhiraj Surana, Dy. G.A.

For Respondent No.2 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 27/04/2018

1. The challenge in the present writ petition is to Annexure P/1 dated 23.04.2008. Vide the said notice the office of the Accountant General i.e. the respondent No.2 has reflected a deficit balance of Rs.21,110/- in the GPF account of the petitioner and for which the petitioner has been asked upon to deposit the same.

2. The facts of the case is that the petitioner working as an Assistant Teacher under the respondent-State retired from service on attaining the age of superannuation on 31.05.2007. After the superannuation, the respondents have released all the retiral dues payable to the petitioner. However, vide impugned notice dated 23.04.2008 (Annexure P/1), the

office of the respondent No.2 had shown a negative balance of Rs.21,110/- and have asked for recovery of the same.

3. The counsel for the petitioner submits that the said order has been issued without granting any opportunity of hearing to the petitioner. He submits that let the matter be placed before the High Power Committee constituted by the State Government for redressal of dispute regarding pension and retiral dues of its employees, who in turn may tally the account of the petitioner, maintained in the office of the Accountant General with the passbook maintained in the office of the employer and thereafter may pass a fresh order.

4. This proposal of the petitioner has not been opposed by the respondents.

5. Accordingly, the present writ petition is being disposed off with a direction that let the case of the petitioner be referred to the High Power Committee constituted by the State Government for redressal of retiral duties of a government employee. The said committee in turn shall call upon the representative from the office of the Accountant General along with the GPF details of the petitioner and shall also call upon the respondent No.5 to produce all relevant records including the service book as well as the GPF passbook maintained in the office of the respondent No.5 so far as the petitioner is concerned and the same shall be placed before the High Power Committee and after giving an opportunity of explanation to the petitioner, the committee may pass a fresh order altogether, so far as the GPF amount payable to the petitioner is concerned.

6. Let this exercise be done as expeditiously as possible. Sd/- (P. Sam Koshy) Judge Ved