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2025 DAILYLAW 56545 (CHH)

SADHU SHARAN GABEL v. STATE OF CHHATTISGARH

WPS/1610/2022 · 2025-08-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:42561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1610 of 2022 * - Sadhu Sharan Gabel S/o Shankar Prasad Gabel, Aged About 65 Years Retired Head Master, Govt. Primary School Sero Block Malkharoda Education District Sakti, Presently R/o Village Post Faguram, District : Janjgir- Champa, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Department Of School Education, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 2 - The District Education Officer, Education District Sakti, District : Janjgir- Champa, Chhattisgarh 3 - The Accountant General Chhattisgarh, Raipur, District : Raipur, Chhattisgarh 4 - The Block Education Officer, Block Malkharoda, Education District Sakti, District : Janjgir-Champa, Chhattisgarh 5 - The Joint Director, Accounts Treasury And Pension, Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. Anil Mourya, Advocate. For Respondents No. 1, 2 & 4 For Respondent No. 3 : : Mr. Pramod Shrivastava, Deputy Government Advocate Mr. Ashwani Shukla, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21/08/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That the Hon'ble Court may kindly be pleased to direct the respondents to pay 18% interest in G.P.F. amount. 10.2 Any other relief, which the Hon'ble Court deems fit and proper under the facts and circumstances, may also be provided to the petitioner. Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.27 17:00:49 +0530 2 2. Learned counsel for the petitioner submits that petitioner who was working on the post of Head Master in Govt. Primary School – Sero, Block – Malkharoda, District – Sakti (C.G.) stood retired from service on 31.07.2019. He further submits that petitioner was entitled to receive the amount of GPF immediately after retirement but same was paid to him by the respondent authorities belatedly on 30.09.2021, therefore petitioner is praying for a direction to respondent authorities to make payment of interest on the GPF amount @ 18% from the date it became due till the date of actual payment. 3. On the other hand, Mr. Ashwani Shukla, counsel appearing on behalf of respondent No. 3 i.e. O/o Accountant General, State of Chhattisgarh submits that proposal was sent by the department on 28.06.2021 i.e. after 26 months and immediately thereafter, authorization letter which included interest part was issued by respondent No. 3 on 27.07.2021. He further submits that further delay in payment is attributable to the State authorities. 4. Learned State counsel submits that immediately after receiving the authorization letter from respondent No. 3 on 27.07.2021, claim of petitioner was processed and amount of GPF was paid on 30.09.2021. She further submits that there was no delay on the part of State authorities. 5. Heard learned counsel for the parties and perused the material available on record. 6. Evidently, petitioner stood superannuated on 31.07.2019. The amount of GPF released by O/o Accountant General, State of Chhattisgarh included interest part up to month of July 2021 whereas actual 3 payment was made to petitioner on 30.09.2021 and for a period of two months, petitioner has not been paid interest on the GPF amount. 7. Admittedly, necessary documents including recommendation/ authorization were forwarded by the concerned State authority to O/o Accountant General, State of Chhattisgarh on 27.07.2021, therefore, it can safely be presumed that there was delay on the part of State authorities/ department and State authorities are liable to make payment of interest amount to petitioner. 8. In view of the above, State authorities are directed to make payment of interest @ 10% on the amount of GPF for the month of August and September, 2021. 9. With the aforesaid direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti