R. S. Rathor (Inperson) v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5261 of 2021

1. R. S. Rathor, S/o Late Shri Hanuman Prasad Rathor, Aged About 62 Years Retired Sahayak Abhiyanta Gramin Network Prabandhan Ekai Ambikapur (Chhattisgarh) R/o Quarter No. A 36 Shivam City, Chunni Talab Ke Pass Om Pailesh Ke Samne Mopka District Bilaspur, District : Bilaspur, Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary Panchayat And Gramin Vikash Vibhag Mahanadi Bhawan Mantralaya Raipur, District : Raipur, Chhattisgarh

2. Karyapalan Abhiyanta Gramin Yantriki Sewa Sambhag Kondagaon District Kondagaon, District : Kondagaon, Chhattisgarh

3. Mukhya Chikitsha Sah Hospital Adhikshak Maharani Hospital Jagdalpur District Bastar, District : Bastar(Jagdalpur), Chhattisgarh. ---Respondents For Petitioner :

Shri R.S. Rathore, Petitioner in person.

For State :

Shri Suyash Dhar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 29.09.2021 .

1. The limited grievance that the petitioner has in the present writ petition is that of non granting of benefits of arrears of 5th Pay Commission Recommendations from 01.01.1996 to 31.12.1997. In addition, the grievance of the petitioner is also in respect of non settlement of his Transfer Traveling Allowance and the bills for medical reimbursement for the period between 2010 to 2012.

2. The contention of the petitioner is that as per the government decision the 5th Pay Commission came into force from 01.01.1996 was actually implemented w.e.f. 01.01.1998 and it was decided that the arrears for the period 01.01.1996 to 31.12.1997 would be credited in the GPF account of the employees. This arrears has not been credited to his GPF account. According to the petitioner, he came to know about this fact only at the time of retirement when scrutiny of his GPF account was made. There was

-2no entry in respect of arrears of 5th Pay Commission recommendation being credited to his GPF account. It is further contention of the petitioner that during the period 2010 to 2012, the petitioner has raised certain medical bills as also certain Transfer Traveling Allowances which till date has not been finalized and the matter is pending consideration before the authorities since long.

3. Given the said facts and circumstances of the case and also taking note of the fact that the petitioner has since retired, the writ petition at this juncture can be disposed of directing the respondents to immediately process and scrutinize the claim of the petitioner so far as non depositing of arrears of 5th Pay Commission in the GPF account of the petitioner for the period between 01.01.1996 to 31.12.1997 and also for scrutinizing any unpaid claim so far as Transfer Traveling Allowance and any medical bills put forth by the petitioner for reimbursement. Let the entire claims be processed and finalized within an outer limit of four months from the date of receipt of copy of this order.

4. While settling the issue, the respondents shall also consider grant of interest to the petitioner so far as arrears of 5th Pay Commission is concerned.

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