Aasha Ram Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4816 of 2019 Aasha Ram Dewangan S/o Bihari Ram Dewangan Aged About 62 Years Retired Head Master Government School Village - Dewada, Post - Tedesara, District Rajnandgaon Chhattisgarh, R/o Village Somani, Tahsil Rajnandgaon, District Rajnandgaon Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Naya Raipur Chhattisgarh.

2. Accountant General, Office Of Accountant General (Kosh And Hakdari) Zero Point, Baloda Bazar Road Raipur Chhattisgarh.

3. Collector (Kosh Shakha), Rajnandgaon Chhattisgarh.

4. Block Education Officer Rajnandgaon, District Rajnandgaon Chhattisgarh. ---Respondents For Petitioner :

Mr. Shashi Bhushan Tiwari, Advocate For State :

Ms. Sunita Jain, G.A.

For Respondent No.2 :

Mr. Rajkumar Gupta, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17/07/2019 1.

The order under challenge in the present writ petition is to the order Annexure P/1 dated 05.05.2017, whereby the respondents have ordered for recovery of an amount of Rs.1,20,278/- from the petitioner. 2.

The facts of the case is that the petitioner retired from services of the respondents w.e.f. 31.08.2009 from the post of Headmaster. The petitioner after his retirement has been paid his retiral dues except for the GPF amount. Thereafter on 05.05.2017 the respondents have issued an order of recovery from the petitioner alleging that there is a deficit balance of Rs.1,20,278/- in his GPF account, which he needs to deposit at the earliest or else the said would be adjusted against the pension that is payable to him.

-23.

Counsel for the petitioner referred to Annexure P/3 dated 05.05.2018, which is a correspondence made by the Block Education Officer, Rajnandgaon with the office of Accountant General in respect of certain entries made in the GPF passbook of the petitioner, where there is a credit balance shown of Rs.1,13,164/-, thus there is a mismatch between the GPF account maintained in the office of Accountant General and the GPF account maintained in the office of employer of the petitioner. 4.

Given the said facts and circumstances, this Court is of the opinion that the issue can be resolved by scrutinizing the GPF account maintained in the office of respondent No.2 as also in the office of the respondent No.4. Accordingly, the respondents No.2 & 4 are directed to hold a meeting and in the process shall also call upon the petitioner to submit whatever document that he has in his possession so far as the GPF payments are concerned and on thorough scrutiny of the GPF account of the petitioner maintained in the two offices a final order be passed by the respondent No.2 within a period of 3 months from the date of receipt of the copy of this order, till then the impugned order Annexure P/1 dated 05.05.2017 shall not be acted upon.

5.

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

Sd/- (P. Sam Koshy) Judge Ved