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2025 DAILYLAW 5806 (CHH)

Kamlesh Kumar Mahant v. State Of Chhattisgarh

WPS/5015/2017 · 2025-07-14

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:32869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5015 of 2017 1 - Kamlesh Kumar Mahant S/o Late Shri Fandiya Das Mahant, Aged About 51 Years Presently Working As Head Master At Government Primary School, Bhairotal, Block Katghora, District Korba, Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhavan, Capital Complex, New Raipur, Police Station Rakhi, District Raipur, Chhattisgarh., Chhattisgarh 2 - District Education Officer, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 3 - District Collector, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 4 - Block Education Officer, Block Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondents For Petitioner : Dr. Sudeep Agrawal, Advocate. For State : Mr. Vedant Shadangi, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 15.07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1) That, this Hon'ble Court may kindly be pleased to issue appropriate writ/direction for quashing the impugned recovery order dated 10.08.2017( (Annexure- P/1); relating to the petitioner, and direct for reimbursement of the recovered amount along with interest; in the interest of justice. 10.2) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2 2. Learned counsel appearing for the petitioner would submit that the instant matter pertains to the entitlement of the GPF amount and the calculation thereof. He would pray that this matter may be referred to the High Power Pension Redressal Committee to decide the dispute involved in the present case. 3. On the other hand, the learned counsel appearing on behalf of the State would oppose. 4. Taking into consideration the fact that disputed questions of facts are involved in the present case, this matter is referred to the High Power Pension Redressal Committee to decide the dispute. The claim of the petitioner with regard to interest shall also be decided by the Committee strictly in accordance with law. The committee is directed to decide the dispute after affording the due opportunity of hearing to the petitioner and other interested parties. 5. The Office of Advocate General is also directed to supply one copy of this petition along with necessary documents to the said committee. 6. With the aforesaid observation and direction, the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha