Dinanath Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4432 of 2021

1. Dinanath Yadav S/o Late Laxmi Pal Yadav Aged About 62 Years R/o Village Jarhapara, Post Kharoud, Tehsil Pamgarh District Janjgir Champa Chhattisgarh ---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. Joint Director Treasury Account and Pension Department Raipur District Raipur Chhattisgarh

3. Accountant General (Account And Entitlement), Zero Point, Baloda Bazar Road, P. O. Vidhan Sabha, Raipur Chhattisgarh

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

Shri Basant Dewangan, Advocate.

For State :

Shri Ayaz Naved, Govt. Advocate.

For Respondent NO.3 :

Shri Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.08.2021

1. Challenge in the present writ petition is to the notice dated 31.05.2021 whereby the petitioner has been called upon to explain so far as negative balance of Rs.15,91,335/- in the GPF account of the petitioner.

2. Perusal of record would show that in the year 2017 vide letter dated 30.08.2017 the petitioner was earlier issued with a notice of an excess withdrawal from the GPF account to the tune of Rs.4,36,727/- and according to the petitioner the said amount has already been recovered by the respondents but inspite of that there is a negative balance shown to the tune of more than Fifteen Lakhs and Ninety Thousand Rupees.

3. Given the said facts that Annexure P/1 dated 31.05.2021 is only a notice so far as negative balance is concerned and the petitioner already stands superannuated w.e.f. 30.06.2021, this court is of the opinion that ends of justice would meet if the petition at this juncture stands disposed of directing the petitioner to approach the office of the respondents No.2 to 4

-2and obtain all necessary details so far as GPF account is concerned and thereafter provide all necessary details available with the petitioner to the respondents No.2 to 4. The respondents No.2 to 4 are expected to duly scrutinize the claim of the petitioner so far as GPF account is concerned after giving reasonable opportunity to the petitioner and thereafter pass an appropriate order determining the GPF amount payable to the petitioner, if any, and also determining the aspect whether there would be still any deficit GPF amount to his credit.

4. Let this exercise be concluded within a period of 90 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder