R.B. SINGH (DEAD) THROUGH LRS (1) SMT. RADHIKA DEVI v. STATE OF CHHATTISGARH
WPS/6888/2021 · 2025-03-05
Shri Narendra Kumar Vyas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38497 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38497 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10725
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6888 of 2021 R.B. Singh (Dead) Through LRs. 1 - Smt. Radhika Devi W/o Late R.B. Singh Aged About 82 Years 2 - Anil Kumar Singh S/o Late R.B. Singh Aged About 58 Years 3 - Akhilesh Kumar Singh S/o Late R.B. Singh Aged About 53 Years 4 - (Dead) Alok Kumar Singh S/o Late R.B. Singh Aged About 35 Years Through The Lrs. 4-(A). Nicki Devi Wd/o Alok Kumar Singh Aged About 40 Years 5 - Amiy Kumar Singh S/o Late R.B. Singh Aged About 46 Years. 6 - 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 U.P.
... Petitioner(s) 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, Atal Nagar, 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. 6 - Office Of Accountant General Pension Department, Raipur, District Raipur Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Nasimuddin Ansari, Advocate. For State : Mr. Kalpesh Ruparel, Panel Lawyer. For Respondent No. 6 : Mr. Rajkumar Gupta, Advocate. Hon'ble Shri Justice
Narendra Kumar Vyas
Order on Board ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.04.01 10:48:30 +0530
2 05.03.2025
1. This petition has been filed by the petitioner assailing the memo dated 17.02.2021 (Annexure P/1) issued by respondent No. 2 wherein it has been mentioned that the CPF contribution of the petitioner’s father has already been granted to deceased employee.
2. The brief facts as reflected from records are that petitioner’s father namely R.B. Singh was initially appointed as Lecturer on 04.07.1969 at Private College, Mahasamund and later on the said college was taken over by the State Government. The petitioner stood retired from the post of Assistant Professor on 30.06.1996. After his death, his family members of the deceased government servant have filed writ petition before this Court bearing WP No. 2299/2004 regarding finalization of pension case as also to grant pensionary benefits. This Court vide
order dated 11.08.2014 has disposed off the petition directing the pension committee to decide the matter finally.
3. Thereafter, the family members of the deceased government servant have also filed another writ petition before this Court bearing WPS No. 1102/2016 wherein this Court vide order dated 03.08.2018 while disposing off the petition has directed the petitioners to make a representation before the Committee for raising all their grievances which shall be decided by the Committee. In pursuance of direction issued by this Court, a committee was constituted for the purpose of taking decision and the committee has taken decision on 03.08.2018 wherein it has been mentioned that the grievance of the petitioner has already been redressed.
4. Thereafter, the petitioners have filed another writ petition before this Court bearing WPS No. 4735/2020 wherein this Court vide order dated 08.12.2020 has directed the respondent to consider the case of the petitioner with regard to the grant of CPF contribution within 90 days from the date of receipt of copy of the order. In pursuance of direction issued by this Court, the State Government has examined the matter and vide impugned memo dated 17.02.2021 has redressed the grievance of the petitioner relying upon the certificate issued on 13.10.2014 by the Principal, Government Mahaprabhu Vallabhacharya PG College, Mahasamund wherein it has been stated that the CPF
3 contribution of the petitioner from 04.07.1969 to 01.09.1981 has already been paid to the petitioner. Assailing the impugned order dated 17.02.2021, the petitioners have again approached this Court.
5.
Learned counsel for the petitioners would submit that the respondent authorities have not clearly stated about mode of payment or date in which the amount of CPF contribution has been paid and no document has been filed to demonstrate the same and would pray for quashing of the impugned memo dated 17.02.2021.
6. On the other hand, learned State would submit that they have already taken necessary action to comply with the order passed by this Court and also stated about the manner in which CPF contribution has been paid to the petitioner for the period from 04.071969 to 01.09.1981, as such no grievance is still in existence and would pray for dismissal of the writ petition.
7. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction.
8. From perusal of memo dated 17.02.2021, it is evident that the amount of CPF contribution has already been paid to the petitioner and for that they have already taken a note of letter written by Principal, Government Mahaprabhu Vallabhacharya PG College, Mahasamund and this fact has not been questioned by the petitioner before this Court. Thus, it is clear that the Government has already taken a decision and has paid the amount of CPF and no document has been filed to rebut the same to demonstrate that the amount of CPF contribution has not been paid to the petitioner. As such, no illegality has been committed by the respondent in passing the impugned order which warrants interference by this Court.
9. Accordingly, the writ petition deserves to be and is hereby dismissed. No order as to cost. Sd/- (Narendra Kumar Vyas) Judge Arun