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2026 DAILYLAW 12730 (CHH)

Janak Ram Pannore (Died and Deleted) Through Legal Representive Savitri Devi Pannore v. State Of Chhattisgarh

WPS/2872/2017 · 2026-03-09

Shri Sachin Singh Rajput

Public Interest Litigationbody2026

Judgment text

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1 2026:CGHC:11413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2872 of 2017 1 - Janak Ram Pannore (Died And Deleted) Through Legal Representive Savitri Devi Pannore Wd/o Late Janak Ram Pannore Aged About 66 Years R/o Village Raank, Post Kaudiyaha, Jairamnagar, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Finance Department, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - The Collector, Trible Welfare Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - The Joint Director Treasury, Accounts And Pensions Bilaspur, Division District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Account General, Office Of The Account General, Zero Point, Baloda Bazar Road Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - District Education Officer, Bilaspur District Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh 6 - Block Education Officer, Masturi, Bilaspur District Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Shashi Kumar Kushwaha, Advocate For Respondent nos. 1 to 3, 5 & 6 : Mr. Abhyuday Tripathi, PL For Respondent No. 4 : Mr. Topilal Bareth on behalf of Mr. Ashwani Shukla, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 10.03.2026 HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.03.16 12:11:39 +0530 2 1. The petitioner has filed this writ petition seeking for the following relief(s); “10.1 That, the Hon'ble Court may kindly be pleased to quash the recovery as per letter dated 16.06.2017 issued by the respondent No. 2. (Annexure P/1) 10.2 That, this Hon'ble Court may further be pleased to direct the respondents to finalize the matter of retrial dues within short spun of time with interest to the petitioner. 10.3 This Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit and proper as per the nature of the case. 10.4 Costs of the petition may also be awarded to the petitioner. An affidavit in support of this writ petition is filed herewith.” 2. Learned counsel for the petitioner submits that the husband of the petitioner namely Janak Ram Pannore had initially filed the present writ petition seeking the aforesaid reliefs. It is submitted that during the pendency of the writ petition, he passed away and consequently, the present petitioner was brought on record as the legal representative of the deceased original petitioner. Learned counsel further submits that the husband of the petitioner had retired in the year 2013 whereas the impugned recovery order indicating a negative balance in his GPF account was issued in the year 2017 after a lapse of four years, which is impermissible in law. Therefore, the said order is liable to be set aside. It is further submitted that the entire admissible retiral dues have also not been paid to the petitioner. 3. Return has been filed by the respondents/State. 4. Learned counsel appearing for the State submits that due to an inadvertent mistake, the entire retiral dues could not be paid to the petitioner earlier. However, the negative balance shown in the GPF account has now been recalculated and it has been found that an amount of Rs. 1,41,588/- is actually payable in favour of the petitioner. An order has accordingly been issued for 3 payment of the said amount. Apart from this, it is submitted that the entire admissible retiral dues have already been paid to the petitioner. 5. Heard the learned counsel for the parties and perused the record. 6. For adjudication of the case, the return filed by the State in paragraphs 5 and 6 is quoted hereinbelow: “5. It is most humbly and respectfully submitted by the answering respondents that, vide letter dated 29.01.2026 the Block Education Officer, Pali, District Korba appraised the Assistant Commissioner, Tribal Development, Bilaspur that, upon verification of GPF account of the petitioner it revealed that the entry of final withdrawal in the year 1992-93 was made in the pass book of the petitioner on account of the list of withdrawal provided through letter dated 06.11.2017. On account of the aforesaid error and mistake the minus balance shown in the GPF account of the petitioner. After verifying the relevant records, the respondent No. 4 has passed the order dated 16.02.2026, whereby, the amount of Rs. 141588.00/-has been sanctioned in favour of the deceased employee. The said amount has to be paid to the dependent of the deceased employee. Copy of the letter dated 29.01.2026 and order dated 16.02.2026 issued by the respondent No. 4 are collectively filed and marked herewith as ANNEXURE R/3. 6. It is respectfully submitted that the minus balance was shown in the GPF account of the petitioner due to inadvertent mistake on the part of the respondent authority as at the relevant point of time on account of non-availability of relevant records double entry of amount of withdrawal was made, which was reason of showing minus balance in the GPF account of the petitioner. Now the error has been rectified and the respondent No. 4 has passed the sanctioned order for payment of Rs. 141588.00/-, which has to be paid to the dependent of the deceased employee. Thus, at this stage, the instant petition has no substance and liable to be dismissed.” 7. Paragraph 2 of the return also indicates that certain retiral dues have already been paid to the deceased petitioner. Thus, in view of the aforesaid facts and 4 circumstances Annexure P/1 is hereby quashed. However, liberty is reserved in favour of the petitioner to approach this Court again in case any cause of action still survives. 8. With the aforesaid observations, the writ petition stands disposed of. All pending applications, if any, also stand disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari