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2026:CGHC:4504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.
7020
of 2024
• Shukdev Prasad Sahu S/o Late Saheb Lal Aged About 64 Years Retired Assistant Grade - II, Posted At Office Of Executive Engineer (E and M) Light Machinery Nalkoop and Gate Division Sakri Water Resources Department, District Bilaspur Chhattisgarh. R/o Near Dreamland School, Arvind Nagar Sarkanda Tahsil And District Bilaspur Chhattisgarh.
... Petitioner versus
1. State Of Chhattisgarh Through Secretary, Water Resources Department Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.
2. Engineer In Chief Water Resources Department Mantralay Mahanadi Bhawan, District New Raipur Chhattisgarh.
3. Chief Engineer Hasdev Kachhar, Water Resources Department Mahanadi Bhawan, New Mantralaya, Raipur Chhattisgarh.
4. Executive Engineer (E And M) Light Machinery Nalkoop And Gate Division Sakri Water Resources Department, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
5. Accountant General Of C.G. Vidhan Sabha Road, Raipur, District Raipur Chhattisgarh.
6. Senior Account Officer Nidhi - 10 Office Of Accountant General Of C.G. Vidhan Sabha Road, Raipur, District Raipur Chhattisgarh. ... Respondents For Petitioner : Mr. F.S. Khare, Advocate For Respondent-State For Respondents No. 5 & 6 : : Mr. Kalpesh Ruparel, Panel Lawyer Mr. Raj Kumar Gupta, Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 27/01/2026
1. Petitioner has filed this writ petition seeking following reliefs.
“10.1 That this Hon'ble court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 4 10.2 This Hon'ble court may kindly be pleased to issue an order/direction to respondent no. 5 & 6 to pay the amount Rs. 12000/- amount with interest forthwith to petitioner within stipulated period which may be fixed by this Hon'ble Court. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit.”
2.
Learned counsel for petitioner submits that petitioner was initially appointed on the post of Assistant Grade-II and he was posted in the office of Executive Engineer (E & M) Light Machinery Nalkoop and Gate Division Sakri, Water Resources Department, District Bilaspur. Petitioner upon attaining age of superannuation stood retire from service on 28.02.2023. After retirement, when petitioner was disbursed retiral dues, he found that the GPF amount paid to him was little less. Upon which he verified it from the details of the account available with him and it revealed that petitioner was paid less amount of Rs. 12000 and thereafter he submitted a representation before Executive Engineer (E & M) under whom petitioner was working. However, representation of petitioner was accepted and thereafter this writ petition was filed for disbursement of amount of Rs. 12000 with cost.
3. Learned State counsel submits that upon verifying the record of the account of petitioner bearing Account No. 36990, it revealed that petitioner has not withdrawn Rs. 12,000 and accordingly reply is submitted in this case. It is further submitted that claim of petitioner is against Respondents No. 5 & 6.
4.
Learned counsel for Respondents No. 5 & 6 would submit that in the record of their office, there appears to be a document of the year 1999-2000 of Account No. 36990 in the name of S.P. Sahu, perusal of which would show that there is withdrawal of temporary advance of Rs. 12000 in the month of July 1999 and hence, submission of petitioner that he has not withdrawn the amount is not correct. He also submitted that after getting knowledge and request made by petitioner before the authorities, Respondents No. 5 &b 6 had issued a letter to the department on 26.06.2024 and prior to that earlier letter was issued on 12.10.2023 to the office of Executive Engineer (E & M)
3 / 4 asking the department as to amount if not disbursed to petitioner in his account then satisfy as to in whose account amount of Rs. 12000 was disbursed. However, till date no reply is received in this regard from the State. 5. Learned State counsel submits that vide Annexure R-1 letter dated 22.11.2023 Executive Engineer (E & M) Light Machinery Nalkoop and Gate Division Sakri, Water Resources Department, District Bilaspur has replied the letter of Respondents No. 5 & 6 dated 12.10.2023 specifically mentioning that there is no sanction fo Rs. 12,000 advance in the account of petitioner and has also forwarded the copy of cash book of the month of July 1999. 6. I have heard learned counsel for the parties. 7. It is case of petitioner that petitioner has not withdrawn Rs. 12,000 from his GPF account and the case of Respondents No. 5 & 6 is that from their record it is appearing that based on the request letter forwarded Rs. 12,000 temporary advance was sanction and an authoritative authorization letter in this regard has been issued in the month of July 1999 in the name of S.P. Sahu with account No. 36990. There is no document to show that when and to whom the authorization letter was issued by Respondents No. 5 & 6 for disbursement of Rs. 12,000 as temporary advance. 8. The case of respondent-State who is employer of petitioner in categorical terms has replied letter 22.11.2023 stating that there is no withdrawal or disbursement from the GPF account of petitioner or there is disbursement in his favor of Rs. 12,000. 9.
In the facts of the case, from the pleadings made in the reply by the State as also Respondent No. 5 & 6 it is appearing that the dispute, if any, with regard to disbursement of Rs. 12000 is between Respondents No. 5 & 6 and the State. From the pleadings and submission made by learned counsel for the respective parties, it is clear that petitioner has not withdrawn Rs. 12000 as temporary advance from GPF account. 10. In the aforementioned facts of the case, when petitioner stood retire on 28.02.2023 and he has deposited the amount in his GPF account for the
4 / 4 purpose of enjoying his retired life and is an investment to be utilized after retirement, it will be at the cost of suffering of petitioner if this writ petition is kept pending clarifying the fact from respondents and therefore, I find it appropriate to dispose of this writ petition directing Respondents No. 5 & 6 to issue an authoritative authorization letter for disbursement of Rs. 12000 from the account of petitioner bearing Account No. 36990 within a period of 04 weeks from today. Respondents No. 5 & 6 will be at liberty to initiate proceedings of recovery of said amount in accordance with law after verifying of the fact from respondents No. 1 to 4. It is ordered accordingly. Petitioner shall also be entitle for the interest as per rules on the amount of Rs. 12000 from the date of alleged disbursement till disbursement of the amount. 11. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn
JUDGE