Umakant Mishra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1110 of 2019 Umakant Mishra S/o Late Shri Madan Gopal Mishra Aged About 66 Years R/o Friends Residency, Nutan Chowk, Seepat Road, Police Station- Sarkanda, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

2. The Collector Bilaspur, District Bilaspur Chhattisgarh.

3. The Additional Collector (Food Department) Collectorate Bilaspur, District Bilaspur Chhattisgarh.

4. The Accountant General, Zero Point, Baloda Bazar Road, Post Office- Vidhansabha, Raipur District Raipur Chhattisgarh. ---Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Ms. Sunita Jain, G.A.

For Respondent No.4 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 20/02/2019

1. The dispute raised in the present writ petition is the non-releasing of the GPF amount to the petitioner, who stood retired from service w.e.f. 30.06.2012.

2. The counsel appearing for the respondent No.4 submits that perhaps at the initial stage, there were certain correspondences, which show that there were certain negative balance in the GPF account, on account of which the petitioner was not entitled for any amount of GPF.

3. Counsel for the petitioner however opposing the petition submits that the said issue of a negative balance does not seem to be proper,

-2because there are contradictory correspondences made by the Department themselves.

4. Given the said facts, this Court is of the opinion that instead of keeping the writ petition pending here for reply of the respective parties and thereafter fix the matter for adjudication, ends of justice would meet if the petitioner himself is directed to approach the respondent no.4 along with all relevant records that he has in his possession, so far as his GPF account is concerned. At the same time, the respondent No.2 also is directed to ensure that the GPF account of the petitioner, which is maintained in the office of the respondent No.2 is made available to the respondent no.4 along with all necessary entries available in the Department, so far as his GPF account is concerned and after due scrutinizing of the records, the respondent No.4 may pass a fresh order deciding the entitlement of the petitioner as regard to the GPF account is concerned.

5. Let the respondents No.2 & 4 after giving due hearing to the petitioner pass a fresh order within a period of 3 months from the date of receipt of the copy of this order.

6. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved