Hasibun Niisha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.S. NO. 6775 OF 2018 1.

Hasibun Nisha, Wd/o Late Nasir Mohammed, aged about 60 years 2.

Ajmat Mohammad, S/o Late Nasir Mohammed, aged about 32 years 3.

Sakkat Mohammad, S/o Late Nasir Mohammed, aged about 27 years 4.

Najmat Mohammed S/o Late Nasir Mohammed, aged about 30 years 5.

Shaukin Mohammed S/o Late Nasir Mohammed, aged about 56 years 6.

Shaukat Mohammed S/o Late Nasir Mohammed, aged about 48 years 7.

Rahmat Mohammed S/o Late Nasir Mohammed, aged about 42 years 8.

Najma Nisha W/o Nasim, aged about 40 years No. 1 to 8 are R/o Mominpura, Parradadh, Ambikapur, District Surguja (CG) 9.

Salma Nisha W/o Shah Mohammed, aged about 44 years, Tahsil Lakhanpur, Police Station Lakhanpur, Ambikapur, District Surguja (CG) 10.

Sahina Nisha W/o Rahman, aged about 42 years Tahsil Adhina, District Surajpur (CG) ... Petitioners versus 1.

State of Chhattisgarh, through its Secretary, Education Department, Mahanadi Bhawan, New Raipur, District Raipur (CG) 2.

Accountant General (Fund-3), Account and Entitlement, Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur (CG) 3.

Auditor General, Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur (CG) 4.

Accountant General, Lekha Bhawan, Jhansi Road, Gwalior (MP) 5.

District Education Officer, in front of City Kotwali, Mayapur, Ambikapur, District Surguja (CG) 6.

State of Chhattisgarh, through: Collector, Ambikapur, District Surguja (CG) ... Respondents For Petitioner :

Mr. Anurag Singh, Advocate.

For Respondents :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/10/2018 1.

The dispute in the instant case is pertaining to release of the GPF amount and also other death cum retiral dues payable to the petitioners on the death of deceased employee who was the husband of petitioner no.1 and the father of petitioners no. 2 to 10.

2.

Initially the dues were not released to the petitioners on account of some dispute so far as succession is concerned. However, subsequently, the petitioners have obtained succession certificate from the competent Court of law vide order dated 1.9.2002 and thereafter the petitioners have been repeatedly approaching the authorities concerned for settlement or release of the dues payable to the petitioners.

3.

Learned counsel for the petitioners drew the attention of this Court to the order passed by respondent no.2 dated 3.4.2014 in which it has been envisaged that it would be the concerned Drawing and Disbursement Officer who would be required to take appropriate steps for the release of the same. 4.

Given the said facts, this Court is of the opinion that let respondent no.1 issue necessary instructions to the concerned Drawing and Disbursement Officer to take necessary steps for releasing of the death cum retiral dues of the deceased employee in the present case, i.e., the husband of petitioner no.1, and if required the authorities under respondent no.2 shall also issue necessary instructions for the release of the same at the earliest preferably within a period of four months from the date of receipt of certified copy of this order.

5.

It shall be the responsibility of the petitioners to apprise the respondents no. 5 so also the respondents no. 1 and 2 so far as the order passed by this Court is concerned.

6.

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