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High Court Of ChhattisgarhWPS/6536/2008dismissed

Mohan Gaikwad v. State Of Chhattisgarh And Others

2017-05-05Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6536 of 2008

1. Mohan Gaikwad, aged about 63 years, S/o Ranoji Gaikwad, Retired Assistant Grade I, R/o H-34, Irrigation Colony, Shanti Nagar, Raipur (CG).

---- Petitioner

Versus

1. The State Of Chhattisgarh, through the Secretary, Irrigation now Water Resource Department, Mantralay at DKS Bhawan, Raipur (CG).

2. Accountant General Office Of Accountant General, Pagariya Complex, Pandari, Raipur (CG)

3. Engineer-In-Chief Mahanadi Godawari Kachhar, Raipur, Water Resources Department, Raipur (CG) ---- Respondent For Petitioner None For Respondent/State Shri Shashank Thakur, Govt. Adv.

For Respondent No.2 Shri N.K. Vyas, Asstt. SG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/05/2017 1.

Perused.

2.

Petitioner is claiming interest on the GPF amount of Rs.5,16,177/- for the period from February, 2007 to October, 2007. 3.

In the return filed by the Accountant General, Chhattisgarh, it is mentioned that the authorisation to the department for payment in favour of the petitioner was sent on 6-1-2007 showing the Head of

Account as 4701 being a Major Head which could have been drawn by the concerned Treasury and the department, therefore, there is no delay on the part of the Accountant General office, which maintains the GPF account of the State Government employees. 4.

The delay has occasioned due to inter office exchange of communication as also on account of non-mentioning of the precised head, however, it is not a case where the delay was either deliberate or mala fide so that the petitioner would be entitled or the respondents would be liable to pay interest.

5.

For the foregoing, this Court does not find any substance in the writ petition. Accordingly, the same is dismissed. Sd/- Judge Prashant Kumar Mishra Gowri