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2025 DAILYLAW 60095 (CHH)

R.S. RATHORE v. STATE OF CHHATTISGARH

WPS/4632/2022 · 2025-12-01

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:58409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4632 of 2022 1 - R.S. Rathore S/o Late Shri Hanuman Prasad Rathore Aged About 63 Years Retired Assistant Engineer Gramin Network Prabandhan Ekai Ambikapur Chhattisgarh. Hall Mukam Quarter No. 36 Shivam City , Chunni Talab Ke Pass Om Palace Ke Samne Mopka District Bilaspur., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Additional Secretary Panchayat And Gramin Vikas Vibhag Mahanadi Bhawan Mantralaya Raipur. 2 - State Of Chhattisgarh Through Secretary Finance Department Mahanadi Bhawan Mantralaya Raipur. 3 - Mahalekhakar (Lekha Evam Hakdari) Chhattisgarh Raipur, Zeero Point Balodabazar Road Raipur. 4 - Executive Engineer Gramin Sadak Network Prabandhak Ekai Ambikapur District Surguja . 5 - Chief Executive Officer Janpad Panchayat Korba District Korba. ... Respondent(s) For Petitioner(s) : Mr. K. K. Dewangan, Advocate For Respondents No.1, 2 & 4 : Mr. R. K. Gupta, Addl. A. G. For respondent No.3 : Mr. Raj Kumar Gupta, Advocate For respondent No.5 : None. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 02/12/2025 1. By way of this petition, the petitioner has sought following relief :- “The petitioner humbly requests the Hon'ble High Court to order the concerned to pay Rs. 3,48,202/- along with compensation of Rs. 3,38,202/- 2 at the rate of 12% interest on the General Provident Fund amount of Rs. 34,39,344/- received from 01.07.2021 to 26.04.2022 along with litigation expenses of Rs. 10,000/- totaling Rs. 3,48,202/-, as a result of the respondents not paying the pending dues to the petitioner within the period prescribed by the government.” 2. Learned counsel for the petitioner submits that petitioner was working on the post of Assistant Engineer in Rural Road Network Management Unit Ambikapur District Sarguja (C.G.) stood retired from service on 31.12.2020. 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 27.04.2022, therefore petitioner is praying for a direction to respondent authorities to make payment of interest on the GPF amount @ 12% from the date it became due till the date of actual payment. 3. On the other hand, learned counsel appearing on behalf of respondent No. 3 i.e. O/o Accountant General, State of Chhattisgarh submits that the proposal sent by the department which was received on 28.01.2022, immediately thereafter, authorization letter was issued by respondent No. 3 on 11.03.2022. He further submits that delay in belated payment is attributable to the State authorities. He submits that the interest for 6 months from the date of retirement was included in GPF amount. 4. Learned State counsel submits that immediately after receiving the authorization letter from respondent No. 3, claim of petitioner was processed and amount of GPF was paid on 27.04.2022. He 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 3 record. 6. Evidently, petitioner stood superannuated on 31.12.2020. The amount of GPF released by O/o Accountant General, State of Chhattisgarh included interest part up to month of June, 2021 whereas actual payment was made to petitioner on 27.04.2022 and for a period of ten 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 28.01.2022, 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 amount from the month of July, 2021 till the date of actual payment. 9. With the aforesaid direction(s), this petition stands disposed of. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.12.04 11:22:14 +0530