Enayat Ulla Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 452 of 2019 Enayat Ulla Khan S/o Late Shri Rahmat Ulla Khan Aged About 56 Years R/o Aasma City Home Phase No.2, Qtr. No. 122, Sakri, Out Post - Sakri, Tahsil And District - Bilaspur Chhattisgarh ., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through It's Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director Office Of Directorate, Panchayat Department, 36-C-3, Block-2, 2nd Floor, Indrawati Bhawan, Police Station And Post Rakhi, Atal Nagar, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Director Office Of Directorate, Panchayat Department, 36-C-3, Block-2, 2nd Floor, Indrawati Bhawan, Police Station And Post Rakhi, Atal Nagar, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Chief Executive Officer (C.E.O.) Office Of The C.E.O. Zila Panchayat, Surguja, District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

5. Chief Executive Officer (C.E.O.) Office Of The C.E.O. Zila Panchayat, Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

6. Chief Executive Officer (C.E.O.) Office Of The C.E.O. Janpad Panchayat, Bilha, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For petitioner :

Mr. Abhishek Pandey with Mr Santosh Kumar Pandey Advocates.

For Res. No. 1 & 2 :

Ms. Sunita Jain, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 23/01/2019 1.

The limited relief sought for by the petitioner in the present writ petition is for a direction to the respondents to ensure that the G.P.F. amount and the other dues payable if any on the petitioner being terminated from service w.e.f 30/09/2014 if not paid be paid at the earliest. 2.

The counsel for the petitioner submits that the order of termination of the petitioner is already under challenge in WPS No. 6690/2014. He further submits

that at least the respondent may be directed to release the G.P.F. amount lying in his credit on the date of his termination.

3.

This Court without entering into the merits of the case and also without discussing so far as the veracity of the order of termination is concerned disposes off the present writ petition with direction to respondent No. 4 & 5 to ensure that the G.P.F. amount lying to the petitioners credit should be released to him at the earliest as the said amount is infact belongs to the petitioner and the same cannot be withheld by the department even if the services of the petitioner stands terminated. At the same time, authorities will also scrutinize whether the petitioner would be entitled for any other dues which he would be entitled even on his being terminated and if any such amount have not been paid, the same shall be considered and released at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

4.

The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE