1 2025:CGHC:56244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7477 of 2019 B. P. Mishra S/o Shri Jagnarayan Mishra Aged About 71 Years Retired Headmaster, Government Primary School, Mangaon, Post - Gevra Basti, Kusmunda, District - Korba Chhattisgarh. ... Petitioner. versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Atal Nagar, New Raipur Chhattisgarh. 2 - Additional Secretary, Department Of General Administration (Member Secretary Pension Nirakaran Samiti ), Raipur Chhattisgarh. 3 - District Education Officer, Korba, District - Korba Chhattisgarh. 4 - Accountant General, Chhattisgarh Raipur Chhattisgarh. 5 - The Accounts Officer, Office Of Accountant General, Zero Point , Balodabazar Road, Raipur Chhattisgarh. 6 - Block Education Officer, Katghora, District - Korba Chhattisgarh. 7 - Headmaster, Government Primary School, Mangaon, Post - Gevra Basti, Kusmunda District - Korba Chhattisgarh. ... Respondents. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.11.19 17:37:09 +0530 2 For Petitioner : Shri Goutam Khetrapal, Advocate. For State/Respondents Nos.1 to 3, 6 & 7 : Shri Ritesh Giri, Panel Lawyer. For Respondent Nos.4 & 5 : Shri Raj Kumar Gupta, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 19/11/2025 1. This Writ Petition has been filed for the following relief (s):- 10.1 That, this Hon'ble Court may kindly be pleased to call the entire records of the subject matter from the respondents. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside the impugned order dated 02.08.2019 (Annexure P/1). 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to reconsider the entries of General Provident Fund of the petitioner and further be pleased to direct the respondent authorities to pay the balance amount to the petitioner with 18% annual interest. 10.4 Any other relief deems fit in the present facts and circumstances of this case may also be awarded to the petitioner. 2. At the outset, counsel for Respondent Nos.4 & 5 submits that upon rechecking of the General Provident Fund (GPF) Account of the petitioner bearing No.CMD/26052, a minus balance amounting to Rs.2,91,094/- was found and accordingly, a communication was made to the Block Education Officer, Katghora on 02.08.2019. He submits that before issuance of the said communication, even the employee concerned had visited the Office of Respondent No.4 and made a written 3 declaration on 27.07.2019, which has been filed along with the return, stating that there is no discrepancy in the GPF account and he only prayed a waiver of interest on the minus balance. 3. Replying to the aforesaid, counsel for the petitioner submits that the said undertaking has been obtained under duress. When a query has been put, he fairly admits that in the petition, there is no such averment that any such undertaking has been given by the petitioner in the Office of Respondent No.4 about payment/settlement of the GPF dues. 4. Counsel for the petitioner further submits that on the same day i.e. 27.07.2019, the petitioner had also made a representation, therefore, when the petitioner had already filed a representation, it was not possible for him to have given any undertaking on the same day. When a further query has been put to counsel for the petitioner as to why acknowledgment has not been received from the said Office, as there is no seal or sign in the paper (representation) annexed with the petition, counsel for the petitioner submits that during the course of personal hearing, the subject document has been provided, therefore, no acknowledgment has been obtained. however, he would submit that this Petition may be disposed by affording one more opportunity to the petitioner to establish his claim before the Authorities. 5. Counsel for the other side would not oppose the aforesaid prayer. 6. In view of the aforesaid, this Court deems it appropriate to direct that if the petitioner approaches the High Power Pension Redressal Committee within a period of 30 days of this Order along with all the annexures and documents available with him, the said Authority shall provide a fair 4 opportunity of hearing to the petitioner and decide the claim afresh, in an expeditious manner. Ordered accordingly. 7. With the aforesaid observation/direction, the Writ Petition stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash