G. P. Bhaskar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 844 of 2020 • G. P. Bhaskar S/o Late Shri Chhedilal Bhaskar, Aged About 63 Years R/o Bhartiya Nagar, Gali No. 2, Basera Colony, Bilaspur, Police Station Civil Line, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh

2. The Accountant General, Accounts And Pension, Government Of Chhattisgarh, Zero Point, Balodabazar Road, Raipur Chhattisgarh

3. The Director, Directorate Of Public Instructions, Indravati Bhawan, Nawa Raipur Chhattisgarh

4. The Joint Director, Treasury, Accounts And Pension, Bilaspur Chhattisgarh

5. The Principal, Institute Of Advance Studies In Education, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Kamlesh Kumar Pandey, Advocate For Respondents/ State :

Ms. Binu Sharma, Panel Lawyer For Respondent No. 2 :

Shri Raj Kumar Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/02/ 2020 Heard.

1. Learned counsel for the petitioner would submit that the petitioner retired on 31.12.2018. Subsequently "no enquiry certificate" and "no incident certificate" (Annexure P-2) was also issued in favour of the petitioner showing no negative balance is pending in the account of the petitioner and entire salary which is paid has also been verified, however, despite that the amount is not being released.

2. Prima facie, the documents attached with the petition shows that the petitioner retired on 31.12.2018 and certificate has been issued by the District Education Officer, Bilaspur which shows that entire salary paid has been examined and no excess payment has been made and no negative balance in the provident fund has been found. The document further shows no dues are out standing against the petitioner which is endorsed by the petitioner and the District Education Officer.

3. Learned counsel for Respondent No. 2 submits that they have already issued a direction to release the amount of Rs. 3,73,023/- on ground of GPF and it is the Director, Directorate of Public Instructions (Respondent No. 3) is to release the amount.

4. Considering that no dues of any kind are pending against the petitioner and he has retired on 31.12.2018, it is directed that the entire dues to the petitioner shall be paid within a period of 15 days from the date of receipt of a copy of this order which include the gratuity, pension and all retiral benefits and in case the amount is not released within such period, then the erring officer would be personally liable to pay the interest @ 10% p.a. and the government would be at liberty to recover the amount by the erring officer.

5. The aforesaid direction would be subject to verification of facts.

6. With the aforesaid observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti