1 2025:CGHC:57591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2657 of 2023 1 - Mohammad Shamid Khan S/o Late Mohammad Faijulla Khan Aged About 65 Years R/o Rashulpur, Ward No. 38 Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh 2 - Principal Govt. Higher Secondary School, Kodgar, Block Pendra, Gaurela Pendra Marwahi Chhattisgarh 3 - Union Of India Through Accountant General, (Articles And Entitlements), Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, District Raipur Chhattisgarh 4 - Head Account Officer Account General, (Articles And Entitlements), Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, District Raipur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Abhyuday Tripathi, Advocate For State :- Mr. Dashrath Prajapati, P.L. For Respondents No. 3 & 4 :- Mr. Ashwani Shukla, Advocate on behalf of Mrs. Purnima Singh, Advocate ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.11.28 10:42:30 +0530 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 26.11.2025 1. The present petition has been preferred against the action of the Office of the Accountant General (A&E), Raipur, Chhattisgarh, whereby a Negative Balance Notice dated 29.04.2022 was issued to the petitioner nearly three years after his retirement in 2019, alleging that a negative balance of ₹5,59,582/- stands in his General Provident Fund account bearing No. CMD/55319. The notice further stated that, under the General Provident Fund Rules, 1955, penal interest at 2.5% above the normal rate of interest would be levied until the alleged negative balance is deposited. Thereafter, without considering the petitioner’s bona fide objections, the Head Accounts Officer, A&E, Raipur issued the impugned reminder letter dated 28.02.2023 to the Principal, Govt. Higher Secondary School, Kodgar, Block Pendra, District Gaurela- Pendra-Marwahi, directing verification of all GPF deductions and withdrawals and intimating that any discrepancy found would be recoverable along with 2.5% penal interest, to be deposited under the Government Head account 8009-01-101-0001. 2. Following reliefs have been prayed by the petitioner:- “10.1) The Hon'ble Court may kindly be pleased to quash the impugned Order dated 28.02.2023 issued by the respondent, Head Account Officer, Article and Entitlement, Raipur, Chhattisgarh (Annexure P/1). 3 10.2) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 3. Learned counsel for the parties would submit that the issue involved and the relief claimed in the present petition are required to be considered by the Pension Committee. It is submitted that this Court in the matter of W.P. No. 4642/2004 (Baijnath Mandal v. The State of Chhattisgarh & Others) and other connected matters directed the Committee to consider the matter of retiral dues as the disputed question of facts were involved. The Committee was constituted by the State Government, pursuant to the order dated 19/06/2006 passed in W.P. No. 1961/2006 (Smt. Keja Bai Chandrakar Vs. State Government and Others) and order dated 13/03/2008 passed in M.C.C. No. 105 of 2008 (State of Chhattisgarh & Others V. Baijnath Mandal and another). Thus, this petition is squarely covered by the judgment and order dated 31 of January, 2008 passed in W.P. No. 4642/2004 Baijnath Mandal (supra) and may be disposed of in terms of the said judgment. 4. This petition is accordingly disposed of in the same terms. The office of the Advocate General is directed to send the case to the Committee, within a period of 15 days from the date of receipt of a copy of the petition from the petitioner and this order. The Committee shall consider and pass a reasoned order within a further period of 3 months, in accordance with law, after affording proper opportunity of hearing to the parties. The petitioner and the 4 officers concerned may file additional documents, if necessary. The entire exercise, including retiral dues of the employee and other pensionary benefits, if any, to the petitioner be completed within a period of three months from the date of receipt of a copy of this order. 5. The petitioner shall supply extra copy of the petition to learned counsel appearing for the State/respondents for forwarding the same to the Committee. 6. Further, learned counsel for the petitioner would submit that liberty may be reserved in favour of the petitioner to move a fresh writ petition if the decision made by the Committee on any of the claim including claim for interest is decided against the petitioner. 7. Liberty as prayed for is granted. 8. Accordingly, the writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha