Baisakhu Ram Devangan (B. R. Devangan) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 6153 OF 2019 Baisakhu Ram Devangan (B.R. Devangan), aged about 64 years, S/o Late Shri Ramlal Devangan, Rtd. Account Officer - Asst. Commissioner, Tribal Welfare, Mahasamund (CG), R/o Shanker Nagar, Raipur Road, in front of Kabeer Ashram, Mahasamund, District Mahasamund (CG) ... Petitioner versus 1.

State of Chhattisgarh, through its Secretary, Department of Tribal Welfare Department, New Mantralaya, Village- Rakhi, District Raipur (CG) 2.

Assistant Commissioner, Tribal Welfare Department, Mahasamund, District Mahasamund (CG) 3.

Office of Accountant General, Zero Point, Baloda Bazar Road, P.O. Vidhan Shabha, Raipur, District Raipur (CG) Respondents For Petitioner :

Mr. Yogesh Pandey, Advocate For Respondents No. 1 & 2 :

Ms. Abhyunnati Singh, Panel Lawyer.

For Respondent No.3 :

Mr. Raj Kumar Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/08/2019 1.

The dispute in the present writ petition is in respect of non-finalization of the GPF amount which the petitioner was entitled for on his retirement from service with effect from 31.5.2017.

2.

According to the petitioner, the present writ petition was filed on 31.7.2019 and subsequent to the filing of the writ petition the respondents have released an amount of Rs. 1 Lakh approximately to the petitioner under the GPF head. 3.

Contention of the petitioner is that as per the records available with him, the entries in the pass-book of the GPF account available with the petitioner shows more than Rs. 2.75 Lakh and that he has not made so much of withdrawal of the GPF amount which could bring down the payable amount to only Rs. 1 Lakh. According to the petitioner, there appears to be some missing entries with the respondents with which the respondents have denied his actual GPF contribution. 4.

Given the nature of dispute and also realizing the fact that for the settlement of such a dispute, it would always require verification of the records available with the employer as well as the records available with the office of the Accountant General.

5.

Accordingly, the present writ petition is disposed of with a direction to respondents no. 2 & 3 to ensure that the GPF account of the petitioner is scrutinized after tallying the entries available with respondent no.2 as well as respondent no.3. Respondent no.3 shall also call upon the petitioner to provide any such additional information or documents that he has in his possession in respect of the GPF account and thereafter pass an appropriate order within a period of 90 days from the date of receipt of copy of this order. 6.

In case the respondents find that the petitioner is entitled for further payment, such payment should also be forthwith made to him. 7.

It shall be the responsibility of the petitioner to apprise the respondents no. 2 & 3 so far as the order passed by this Court today is concerned. 8.

With the aforesaid directions, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge /sharad/