R.B. Singh (Dead) Through Lrs. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4735 of 2020
1. R.B. Singh (Dead) Through LRs. Aged About 82 Years Through LRs 1.1 - Smt. Radhika Devi W/o Late R.B. Singh Aged About 82 Years 1.2 - Anil Kumar Singh S/o Late R.B. Singh Aged About 58 Years 1.3 - Akhilesh Kumar Singh S/o Late R.B. Singh Aged About 53 Years 1.4 - Amiy Kumar Singh S/o Late R.B. Singh Aged About 46 Years 1.5 - Viresh Kumar Singh S/o Late R.B. Singh, Aged About: 43 years, All are R/o Village And Post Hingutargarh, Via Dhanapur, District Chandauli, Uttar Pradesh ---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan Mantralaya, Atal Nagar Raipur, District : Raipur, Chhattisgarh
2. The Additional Director, Higher Education Department, Behind Science College Raipur, District : Raipur, Chhattisgarh
3. Principal, Government College Bhanupratappur, District : Kanker, Chhattisgarh
4. The Treasure Officer, (Audit And Account) Bhanupratappur, District : Kanker, Chhattisgarh
5. State of Chhattisgarh, General Administration Department, Pension Nirakaran Samity, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh ---- Respondents For Petitioners :
Mr. Nasimuddin Ansari, Advocate For State :
Mr. Mateen Siddiqui, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order on Board 08.12.2020
1. The present is the third round of litigation. Earlier two rounds of litigation were WP No. 2299 of 2004, decided on 11.08.2014 and
subsequent one was WPS No. 1102 of 2016, decided on 03.08.2018. Both these writ petitions were in-respect-of non-granting of the retiral dues payable to the petitioner on his retirement. The deceased employee in this case namely, Late R.B. Singh was working as an Assistant Professor and who stood superannuated from service w.e.f. 30.06.1996. In due course of time, the deceased employee has since expired on 20.08.2006.
2. The grievance of the family members of the deceased employee is that the petitioner has not been paid the complete retiral dues that he is entitled for and, therefore, the case of the petitioner was vide order of this Court on 03.08.2018 passed in WPS No. 1102 of 2016 referred to the High Powered Committee constituted by the State Government. In this regard, the Committee on due process of the claim has found that the entire dues payable to the petitioner/ deceased employee have been released to him including the C.P.F, G.P.F and other dues payable.
3. At this juncture, the counsel for the petitioners submits that the dispute now revolves only on the amount of C.P.F payable to the deceased employee. According to the petitioner, the respondents have not paid C.P.F amount to the petitioner or his family members and have only on papers shown that the payment has been made. The counsel for the petitioners submits that let respondents show the proof and the mode of the payment made to the deceased employee or the family members in this regard.
4. Given the said limited relief and the dispute that left in this writ petition since the stand of the respondents specifically which is also the finding of the High Powered Committee that the C.P.F amount has been paid to the petitioner. The present writ petition at this
juncture can be disposed off directing the respondent no. 2 ,3 and 4 to immediately obtain the information so far as the amount and the mode of payment made to the deceased employee; so far as C.P.F contribution is concerned.
5. Let this exercise be done at the earliest, preferably within a period of ninety days from the date of receipt of copy of this Order. The information has to be sent to the petitioner's address as shown in the cause-title of this writ petition. The said information should be sent both by ordinary as well as by the registered post.
6. With the aforesaid direction, the present writ petition stands disposed off.
Sd/- (P. Sam Koshy) JUDGE Rahul