Vishnu Lal Lahre v. Accountant General

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 465 of 2020 Vishnu Lal Lahre S/o Late Shri Gopal Das Lahre Aged About 65 Years Retired Head Master, Govt. Primary School, Barethtala, Block Chhurriya, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. Accountant General Raipur, Chhattisgarh.

2. Block Education Officer Chhurriya District Rajnandgaon, Chhattisgarh.

----Respondents For petitioner - Shri Ajay Shrivastava, Advocate. For State- Shri Avinash Singh, PL.

For respondent No.1-Shri Raj Kumar Gupta, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 21/01/2020 1.

Grievance of the petitioner is that by Annexure P-1 dated 23/06/2017 recovery has been inflicted to the tune of Rs.45,416/- on the ground that said recovery is towards excess payment to the petitioner regarding GPF. The petitioner retired from service on 31/10/2016 and at the time of retirement positive balance was shown in the pass book. Subsequently, negative balance by way of this amount of Rs.45,416/- has been shown.

2.

Learned counsel for the petitioner would submit that the matter may be sent to the High Powered Committee constituted by the State Government dealing with retiral dues.

3.

Given the aforesaid factual matrix of the case, this Court is of the opinion that since the matter needs to be scrutinized at different levels and the matter also needs verification of the records available with the department where the petitioner was working and also the records available in the office of Accountant General, let the case of the petitioner

be placed before the High Powered Committee constituted by the State Govt. dealing with the settlement of the retiral dues who in turn shall scrutinize the entire records available with respondents so far as GPF account of the petitioner is concerned.

4.

The office of the Advocate General is directed to send the case of the petitioner to the Committee within a period of 15 days from the date of receipt of copy of this order. Thereafter, the Committee shall issue notice to the petitioner and the officers concerned within a further period of 15 days. The Committee shall consider and pass an order in accordance with law after affording proper opportunity of hearing to the petitioner. The petitioner and the officers concerned may file additional documents, if necessary. The entire exercise, including payment of retiral dues, if any, to the petitioner, be completed within a period of six months from the date of receipt of copy of this order.

5.

The petitioner shall supply one complete set of the petition to the State counsel as well as the counsel for the Accountant General for transferring the matter to the Committee.

6.

The writ petition accordingly stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri