High Court Of ChhattisgarhWPS/909/2017disposed off

Bali Ram Chaurasia v. State Of Chhattisgarh

2017-02-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.909 of 2017 Bali Ram Chaurasia S/o Shri Chaitu Ram, Aged About 61 Years Head Master Government Girls Middle School, Surangpani, Block Pathalgaon, Distt. Jashpur, Civil And Revenue Distt. Jashpur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhavan, Mantralaya, New Raipur (Chhattisgarh)

2. District Education Officer, Jashpur, Distt. Jashpur, (Chhattisgarh)

3. Block Education Officer, Pathalgaon, Distt. Jashpur, (Chhattisgarh). ---- Respondents For Petitioner Shri MK Sinha, Advocate.

For respondent/State Shri SP Kale, Deputy Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order On Board 22/02/2017

1. The present petition has been preferred seeking for a limited direction to the respondents to consider the case of the petitioner for release of part final withdrawal from his GPF account.

2. Counsel for the petitioner submits that though vide letter dated 25.11.2016 the respondent has issued an instruction that in the GPF account of the petitioner, only an amount of Rs.65,175/- is lying, however, subsequently he got the entire records verified and tallied and he has now been informed that an amount of Rs.3,90,000/- is lying in his GPF account. He further prays that an appropriate direction be issued to the respondents to consider for releasing part final amount from the GPF account of the petitioner in case if there is sufficient balance in his GPF account of Rs.3,90,000/-.

3. Counsel for the State however opposes the petition and submits that as per letter dated 25.11.2016, only an amount of Rs.65,175/- was lying in the GPF account of the petitioner and as such rejected the claim of the petitioner on account of insufficient fund in his GPF account. However, the State counsel submits that he has no objection in considering his case of releasing the amount if there is sufficient amount in the GPF. That in case there is sufficient balance and the State shall consider his application for releasing the part final amount from the GPF account of the petitioner.

4. In view of the above submissions made by the parties, this court is of the opinion that nothing further remains to be adjudicated upon at this stage.

5. Accordingly, this petition is disposed of with a direction to the respondents to re-consider the case of the petitioner and verify whether as on date sufficient amount is there in the GPF account of the petitioner as has been claimed to be of Rs.3,90,000/-. In case, if the said amount is lying in the GPF account of the petitioner, his case may be considered for release of part final amount from GPF account in accordance with rules.

6. It is expected that taking into consideration the urgency shown by the petitioner, his case may be decided at the earliest. Sd/- (P. Sam Koshy) Judge inder