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2025 DAILYLAW 39686 (CHH)

SMT. TARADEVI v. STATE OF CHHATTISGARH

WPS/7814/2022 · 2025-09-07

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:45731 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 7814 of 2022 Smt. Taradevi W/o Late Shri Masatram Gandharva, Aged About 50 Years R/o Village And Post Palidih, Tahsil Pathalgaon, District : Jashpur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Education, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh. 2 - Accountant General (Lekha And Hakdari) Zero, Point, Baloda Bazar Road, Chhattisgarh Raipur, District : Raipur, Chhattisgarh. 3 - District Education officer, Jashpur, District : Jashpur, Chhattisgarh. 4 - Block Education officer, Block Pathalgaon, District : Jashpur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ajeet Kumar Yadav, Advocate For State Mr.Vedant Shadangi, Panel Lawyer For Respondent No. 2 : Mr. Raj Kumar Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 08/09.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.i) That, this Hon'ble Court may kindly be pleased to strictly issue direction to the respondents authorities to consider representation and to pay/release general provident fund amount with 18% interest within stipulated time looking to the low critical condition of the petitioner, in the interest of justice. 2 (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the petitioner’s husband, namely late Shri Masat Ram Gandharva, was working as a regular teacher. He suddenly passed away, but the respondent authorities have not released the General Provident Fund (GPF) amount. It is contended that from the year 2000, the petitioner has been continuously approaching the respondent authorities for release of the GPF amount. Several representations have also been made, but till date no action has been taken by the authorities concerned, therefore, he prays for a direction to the respondents to release the GPF amount with interest. 3. On the other hand, learned counsel appearing for the respondents would oppose the submission made by counsel for the petitioner and submit that on the basis of the final payment application forwarded by the Drawing and Disbursing Officer (for short, DDO), i.e. Block Education Officer, Patthalgaon, Jashpur (C.G.), the office of the Accountant General processed the claim. A final payment computation sheet was prepared on the basis of records (General Provident Fund passbook and part final withdrawal list) made available by the DDO and through the treasuries. It is submitted that after due computation, an amount of Rs.30,811/- along with interest up to June, 2004 was granted in favour of the petitioner – Smt. Tara Devi, wife of late Shri Masat Ram 3 Gandharva vide Letter No. Fund-06/Jashpur/730 dated 29.06.2004 (Annexure R-1). The said amount was duly paid to the petitioner vide Voucher No. 586 in March, 2005. It is further submitted that in the present petition the petitioner is also claiming arrears of salary. 4. I have heard learned counsel for the parties and perused the record. 5. Taking into consideration the fact that disputed questions of fact are involved in the present case, particularly with regard to the entitlement of the petitioner to arrears of salary, the matter is referred to the High Power Pension Redressal Committee. 6. The said Committee is directed to consider and decide the petitioner’s claim, after affording due opportunity of hearing to the petitioner as well as other interested parties, in accordance with law. 7. The office of the Advocate General is directed to supply one copy of this petition along with all necessary documents to the said Committee. Sd/- Rakesh Mohan Pandey JUDGE Nadim