Ramavtar Singh Bharti v. State Of Chhattisgarh

-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 41 OF 2017 • Ramavtar Singh Bharti S/o Late Manohar Singh, Aged About 75 Years, R/o Village Than Khamahariya, Tehsil & District Bemetara (Chhattisgarh) ... Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Department of School Education, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 2.

Block Education Officer, Saja, District Durg (Chhattisgarh) 3.

Accountant General, Office of the Accountant General (A&E) Chhattisgarh, Zero Point Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District Raipur, (Chhattisgarh) 4.

Assistant Director/Deputy Director, Office of Divisional Joint Director, Treasury, Account And Pension, Division Raipur, District Raipur (Chhattisgarh) 5.

The Principal, Government Higher Secondary School Khamahariya, District Durg (Chhattisgarh) ... Respondents For Petitioner :

Mr. Varun Mishra, Advocate, under instructions of Mr. Yogendra Chaturvedi, Advocate.

For Respondent-State :

Mr. Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/03/2017 1.

Challenge in the present writ petition is to the inaction on the part of the Respondents in not releasing the GPF amount payable to the Petitioner, in spite of retirement of the Petitioner 12 years ago with effect from 31.3.2004. 2.

At this juncture, learned Counsel for the State submits that the GPF amount of the Petitioner was duly verified by the respondent-department and in the said GPF amount a minus balance of Rs.1,00,272/- was detected and therefore no amount was payable to the Petitioner under the head of GPF. He further submits that if, at all, the Petitioner is still aggrieved, let the case of the Petitioner be referred to the High Power Retiral Dues Committee already constituted by the State Government for redressal of the grievance of the employees who have retired and whose retiral dues have not been settled by the Respondent-State.

-23.

In view of the aforesaid submission of the State Counsel, the present writ petition is disposed of.

4.

The office of the Advocate General is directed to send the case 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 officers concerned within a further period of 15 days. The Committee shall consider and pass orders 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 writ petition to the State Counsel as well as the Counsel for the Accountant General for transferring the same to the Committee.

6.

With the aforesaid direction, the writ petition stands finally disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE