Deenbandhu Sahu v. Dr. C.P. Agre
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 500 of 2019 Deenbandhu Sahu S/o Late Kalaram Sahu Aged About 34 Years R/o Yadav Para, Kesharuvadih, Post Padampur, District Mungeli Chhattisgarh ---- Petitioner
Versus
1. Dr. C.P. Agre Presenlty Woriking As Chief Medical And Health Officer, Mungeli, District Mungeli, Chhattisgarh.
2. R.K. Shrivastava Joint Director, Treasury Account And Pension, Bilaspur, District Bilaspur Chhattisgarh
3. Rajeev Kumar Office Of Accountant General, Zero Point, Vidhansabha Road, Raipur, District Raipur Chhattisgarh ---Respondents For Petitioner : Mr. Sushobhit Singh, Advocate.
For Respondents : Mr. Raj Kumar Gupta, Advocate.
For State : Mr. Jitendra Pali, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2019
1. The present contempt petition has been filed alleging noncompliance of the order dated 07.12.2018 passed in WPS No. 8104 of 2018.
2. When the matter is taken up for hearing today, Counsel for the petitioner submits that pending the contempt petition, the respondents have now released the dues payable under the G.I.S and leave encashment. However, the amount payable under the G.P.F as well as Gratuity amount is yet to be paid.
3. At this juncture, Shri Jitendra Pali, appearing for the respondent No. 1 submits that the gratuity amount of the petitioner could not be released as there were certain formalities which were sought from the petitioner like submission of details of Adhaar Card, Pan Cad,
and copy of the pass Book of the Bank. He further submits that immediately on furnishing of those documents, the respondents shall immediately release the same. Likewise, the respondent No. 3 submits that they have sought for certain information from the department for settlement of GPF dues and immediately on the State Government furnishing the records and the GPF account of the petitioner shall be scrutinized and settled.
4. Given the aforesaid submission by the counsels appearing for the respondents, this Court is of the opinion that, it appears that the respondents are in the process of settling of the dues.
5. Considering the fact that dues payable is in respect of the Deathcum-retiral dues payable on the death of father of the petitioner, this Court does not intend to neither keep the petition pending nor does want that the petitioner to suffer for long so far as release of the dues are concerned.
6. Under the circumstances, the present contempt petition stands disposed of with a direction to the petitioner to furnish the details as sought for in Annexure R/1-2 dated 06.08.2019 within a period of 10 days from the date of receipt of copy of this order. That on receipt of the same, the respondents No. 1 shall ensure that the Gratuity amount is processed and released to the legal heirs of the deceased employee at the earliest preferably within a period of 3 weeks from the date the petitioner furnishes the documents as sought for vide letter dated 06.08.2019. Similarly so far as G.P.F. account is concerned, it is further directed that the respondent No. 1 shall ensure that all relevant documents in respect of GPF of the petitioner
maintained in the State Government is made available to the respondent No. 3 within a period of 3 weeks' from the date of receipt of this order and the respondent No. 3 on receipt of the same, the G.P.F account should be scrutinized and processed and paid to the legal heirs of the deceased employee within a further period of 45 days'
7. It is made clear, in case , if there is any delay or lapse henceforth on the part of the respondents in compliance, with the aforesaid direction given by this Court in the present contempt petition so far as clearing of the dues are concerned. The entire dues payable shall carry interest @ 12 % per annum which the State Government would be at liberty to recover the amount from the officer who failed to promptly process the case of the petitioner.
8. With the aforesaid liberty, the contempt petition stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha