2025:CGHC:10500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4627 of 2018 1 - Satya Prakash Trivedi S/o Late Shri H P Trivedi Aged About 34 Years R/o Bhoolkadam Charchagi, Shakti, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mantralaya, Mahanadi Bhavan Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Kendriya Vidyalaya Sangathan Through Its Commissioner, 18 Institutional Area, Shaheed Jeet Singh Marg New Delhi - 110016 3 - District Education Officer Raigarh District Raigarh Chhattisgarh. 4 - Assistant Commissioner Kendriya Vidyalaya Sanghatan, Regional Office Jabalpur Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents For Petitioner : Mr. Amrito Das, Advocate For State : Mr. S.P. Kale, Additional A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.03.2025 Heard. 1. The petitioner has filed this petition seeking the following relief(s):- -2- “10.1 It is prayed that this Hon'ble Court may kindly be pleased to issue to direct the respondent No. 1 and 3 to produce the entire record of the father of the petitioner before this Hon'ble Court for its kind perusal. 10.2 It is prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent Nos. 1 and 3 to submit the requisite documents pertaining to the service record of the father of the petitioner to respondent No. 2 for further action. 10.3 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2. Mr. Das, the learned counsel appearing for the petitioner would submit that initially, the father of the petitioner was appointed as Assistant Teacher under respondent No.1 and later on, he was selected as a Teacher in the Kendriya Vidyalaya. He would further submit that the father of the petitioner retired from services in the year 2008. He would contend that to finalize the pension case of the father of the petitioner, a letter was issued by the Deputy Commissioner (Personnel and Administration) Kendriya Vidyalaya Sanghathan, New Delhi on 11.05.2009 but till date, the required documents have not been provided by respondent No.3. He would submit that a direction may be issued in this regard. 3. On the other hand, Mr. Kale, the learned Additional Advocate General appearing for the State would oppose the submissions made by Mr. Das. He would submit that the service book and other relevant documents have already been forwarded to the Kendriya Vidyalaya Sanghathan vide letter dated 13.11.1997 and thus, the present petition has become infructuous. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Vide letter dated 27.08.2008, the District Education Officer, District Raigarh was requested to supply necessary documents to the Office of Kendriya Vidyalaya, New Delhi. The relevant part of the letter dated 27.08.2008 reads as under:- “With reference to the letter of Sh. H.P. Trivedi on the subject mentioned above. I am say that Sh. H.P.Trivedi, TGT (Skt) & Ex.Asstt. Teacher in the Department of Education at Rajgarh had worked with the Govt. Middle School Chakradharnagar Raigarh w.e.f. 13.11.69 to 31.07.81. Currently he is working as TGT (Skt) in Kendriya Vidyalaya No.1 Raipur. As per GOI instructions, the department of Education, Govt. of Madliya Pradesh has to discharge pro-rata pensionary benefits in r/o Sh. H.P.Trivedi for the services rendered by him in the said school as Asstt. Teacher wef. 13.11.69 to 31.07.81. KVS shall consider the case of Ssh. H.P.Trivedi for counting of his past services rendered in your department from 13.11.69 to 31.07.81 (i.e. about 11 years) provided your department transfers his pro- rata pensionary benefits in favour of KVS. The amount of pensionary benefits are required to be remitted through DD in favour of KVS main account payable at New Delhi.” 6. Vide letter dated 11.05.2009, the Deputy Commissioner (Personnel and Administration) Kendriya Vidyalaya Sanghathan, New Delhi directed the Assistant Commissioner, Kendriya Vidyalaya Sanghathan, Jabalpur to provide these documents. The documents are mentioned herein below:- “1. A copy of letter from his previous department indicating:- a) Total qualifying service rendered by Sh.Trivedi under Govt. of Madhya Pradesh. b) A copy of acceptance of technical resignation and also a letter certifying that his application was forwarded to KVS by their department. c) A letter from his previous department for discharge of pro-rata pensionary benefits in r/o Sh. Trivedi to KVS. -4- d) Whether he was CPF or GPF optee. e) The interruption period/EOL availed by him may also be intimated. 2. A copy of option exercised by him in KVS for counting of past services. 3. Whether Sh. Trivedi has retained lien in his previous department after joining Kendriya Vidyalaya Sangathan or not? If yes, whether LS&PC for the said period has been remitted by the KVS to his previous department.” 7. A perusal of the letter annexed by the State in its return would show that only the service book was forwarded to the Kendriya Vidyalaya Sanghathan, Korba vide communication dated 13.11.1997. 8. Therefore, this petition, at this juncture, is disposed of with a direction to the District Education Officer, Raigarh to provide all necessary information according to the letter dated 11.05.2009 issued by the Deputy Commissioner (Personnel and Administration) Kendriya Vidyalaya Sanghathan, New Delhi within a period of 45 days from the date of receipt of a copy of this order. 9. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha