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2025 DAILYLAW 10608 (CHH)

RAJESH TIWARI v. STATE OF CHHATTISGARH

WPS/1477/2022 · 2025-08-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:42564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1477 of 2022  Rajesh Tiwari S/o Late Shankar Tiwari Aged About 56 Years R/o Aamaguda, Jagdalpur, District Bastar Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2. The Superintending Engineer Public Health Engineering, Jagdalpur Division, District Bastar Chhattisgarh. 3. The Joint Director Treasury, Accounts And Pension Division, Jagdalpur, District Bastar Chhattisgarh. 4. The Executive Engineer Public Health Engineering Jagdalpur Division, District Bastar Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Vikas A. Shrivastava, Advocate For State : Mr. Pramod Shrivastava, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21. 08.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/ order, thereby directing the respondent authorities to forthwith release the unpaid gratuity and GPF amount, with interest @ 12% per annum from the date of entitlement to its actual payment. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.08.25 09:53:05 +0530 2 given.” 2. Learned counsel for the petitioner would submit that the petitioner retired from the post of Assistant Engineer on 30.06.2021, and thereafter the respondents have released the retiral dues in favour of the petitioner, but Rs. 5,52,533, the balance amount of GPF, has not been released. He would also submit that there was an order of recovery to the tune of Rs. 5,68,199/- against the petitioner, and the same has been adjusted against the amount of gratuity and pension, even though the balance amount of GPF has not been released yet. He would contend that a direction may be issued to respondent No. 2 to take appropriate steps in this regard. 3. Mr. Pramod Shrivastava, Deputy Government Advocate, appearing for the State, would submit that the total GPF amount assessed by the department was Rs. 11,70,459/- and Rs. 6,17,926/- has already been paid to the petitioner. He would admit the fact that the amount of recovery has been adjusted against the gratuity and pension, and the petitioner is entitled to get Rs. 5,52,533/-. 4. Heard. 5. Considering the submission made by respective advocates, the respondents are directed to make payment of the balance GPF amount Rs. 5,52,533/- to the petitioner within a period of 60 days along with the permissible interest. 6. With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant