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2026:CGHC:9404
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7327 of 2025 Ganpati Prasad Sethi S/o Late Sadhu Ram Sethi, Aged About 69 Years Retired Male Health Worker, R/o Village Gariya Donga Amapara, Block Lohandiguda, Jagdalpur, District Bastar (C.G.).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District- Raipur (C.G.) 2 - Accountant General, Office Of The Accountant General, Chhattisgarh, Raipur (C.G.). 3 - Chief Medical And Health Officer, Jagdalpur, District Bastar (C.G.). 4 - Block Medical Officer, Community Health Centre, Lohandiguda, District Bastar (C.G.). 5 - Joint Director, Account, Treasury And Pension, Raipur, District- Raipur (C.G.).
... Respondent(s) For Petitioner : Mr. CJK Rao, Advocate For Resp. No.1, 2 to 5 : Mr. Virendra Verma, Panel Lawyer Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.02.25 12:56:48 +0530
2 / 4 For Resp. No.2 : Mr. Rajkumar Gupta, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 23/02/2026
1. Petitioner has filed this writ petition seeking following reliefs:
“10.1. That, this Hon'ble may kindly be pleased to set- aside the order dated 28.05.2025 (Annexure P/1) issued by respondent No.2 and further direct the respondent authorities not to recover the amount amounting to Rs. 4,07,155/- and refund amount of Rs. 68,000/- which has already been recovered.
10.2. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”
2.
Learned counsel for the petitioner submits that petitioner while working on the post of Health Worker (Male) took voluntary retirement w.e.f. 30.04.2014. After retirement of petitioner, respondent No.4 had issued a letter dated 16.05.2017 asking the petitioner to deposit sum of Rs.4,07,155/- on the ground that in GPF account of petitioner, there is minus balance. Pursuant to letter of recovery, amount of Rs.4,000/- is also being started deducting from the pension amount of petitioner. It is contention of learned counsel for the petitioner that recovery from petitioner is not permissible in the eyes of law after retirement and further according to knowledge of petitioner, petitioner has not withdrawn excess amount.
3.
Learned counsel for the State submits that respondent-State after retirement of petitioner, have forwarded all the documents relating to GPF account of petitioner to respondent No.2 and upon verifying the
3 / 4 account, respondent No.2 came to conclusion that there is excess withdrawal of amount from GPF account of petitioner and based on letter of respondent No.2, respondent -State has issued letter for recovery.
4.
Learned counsel for respondent No.2 submits that account of GPF is maintained by the employer and according to proceeding forwarded by employer, respondent No.2, issues authorization only for withdrawal of amount from GPF amount of employee. After coming to knowledge that excess amount has been withdrawn from account of petitioner, respondent No.2 wrote several letters to respondent State/employer for sending entire documents relating to GPF of petitioner maintained at their end. However, till date no document of the account of petitioner has been forwarded.
5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition.
6. From the pleadings made by learned counsel for the petitioner and respective respondents, it is apparent that respondent No.2 still has not finalized the claim of petitioner for want of documents from respondent-State/employer.
7. In the aforementioned facts of case, I am inclined to dispose of this writ petitioner at this stage with a direction to respondents No. 1, 3 to 5 to forward all relevant documents with regard to GPF account of petitioner to respondent No.2 within a period of 8 weeks from today and after receipt of record/documents of GPF account of petitioner, respondent No.2 shall consider and take decision after giving opportunity of hearing to petitioner as also respondent/ State
4 / 4 (employer). Respondent No.2 is also directed to hear the petitioner in the joint sitting with the officer of respondent No.2 as also officer of respondent-State/employer.
8. The entire exercise shall be completed within a further period of two months from the date of receipt of documents of GPF account of petitioner. Till decision is taken, no recovery shall be made.
9. With the aforesaid observation and direction, writ petition stands disposed of. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen