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2026 DAILYLAW 4367 (CHH)

CHANDRA PRAKASH KURRE v. STATE OF CHHATTISGARH

WPS/359/2021 · 2026-03-18

Shri Rakesh Mohan Pandey

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Judgment text

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1 2026:CGHC:13124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2861 of 2017 Smt. Shushila Devi W/o Late Nathuram Dhruv, Aged About 52 Years R/o Ward No. 07 Rajiv Nagar, Indra Colony, Balodabazar, District Balodabazar Chhattisgarh., Chhattisgarh --- Petitioner versus 1.State Of Chhattisgarh, through The Secretary, Department Of School Education, Mantrayala, Mahanadi Bhawan, Thana City Kotwali, New Raipur Chhattisgarh. 2.The District Education Officer, Balodabazar, Thana Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 3 - The Block Education Officer, Block Palari, Thana Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. , District : Balodabazar-Bhathapara, Chhattisgarh 4 - Director, Public Instructions Raipur, Thana And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - The Accountants And Auditor General Accounts And Hakdari, Pagariya Complex, Near Pandari Bus Stand Thana Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 8279 of 2023 Digitally signed by NADIM MOHLE 2 Vijay Lal Paikara S/o Chedu Ram Paikara Aged About 64 Years R/o Village Parsabhader, Lawan Road, Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Director Of Lok-Shikshan Vidhan Sabha Road Indrawati Bhawan Tahsil Raipur, District : Raipur, Chhattisgarh 3 - District Treasury Officer Balodabazar, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director Pensions And Accounts, Raipur Pension Bada Raipur, District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh Pension Bada, Raipur, District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 359 of 2021 Chandra Prakash Kurre S/o Late Thansingh Kurre Aged About 57 Years R/o Village, Risda Post Risda, Tahsil Baloda Bazar, Distt. Baloda Bazar-Bhatapara (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, Thana Naya Raipur, Secretariat, Mahanadi Bhawan, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. 2 - The Director Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan, Tahsil Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. 3 - District Treasury Officer Balodabazar-Bhatapara, District Balodabazar Bhatapara (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh. 3 4 - Divisional Joint Director Pensions And Accounts, Raipur Distt. Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh Pension Bada Raipur, Distt. Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. --- Respondent(s) with WPS No. 389 of 2021 Shyamta Prasad Chaturvedani S/o Angandas Aged About 58 Years R/o Village- Dodopar Post Lahod, Tahsil Baloda Bazar, District- Baloda Bazar- Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through The The Secretary Department Of Revenue And Disaster Managment, Thana Naya Raipur, Secretariat Maha Nadi Bhawan, Raipur (C.G.), District : Raipur, Chhattisgarh. 2 - The Director Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan, Tahsil Raipur, District- Raipur (C.G.), District : Raipur, Chhattisgarh. 3 - District Tresury Officer Balodabazar-Bhatapara, District- Balodabazar- Bhatapara (C.G.)., District : Balodabazar-Bhathapara, Chhattisgarh. 4 - Divisional Joint Director Pensions And Accounts, Raipur, District- Raipur (C.G.), District : Raipur, Chhattisgarh. 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur Distt. Raipur (C.G.), District : Raipur, Chhattisgarh. --- Respondent(s) with WPS No. 380 of 2021 1 - Vijay Lal Paikara S/o Chedu Ram Paikara Aged About 62 Years R/o Village Parsa Bhader Lawan Road Balodabazar Thana Baloda Bazar, District- Baloda Bazar- Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, Thana Naya Raipur, Secretariat Maha Nadi Bhawan, Raipur (C.G.), District : Raipur, Chhattisgarh 4 2 - The Director Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan, Tahsil Raipur, District- Raipur (C.G.), District : Raipur, Chhattisgarh 3 - District Treasury Officer Balodabazar- Bhatapara, District- Balodabazar- Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director Pensions And Accounts, Raipur Distt. Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur, Distt.- Raipur, (C.G.), District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 1686 of 2020 Kodan Sao Manhare S/o Awadh Ram Manhare Aged About 56 Years R/o Village- Bitkuli Tahsil Balodabazar District- Balodabazar-Bhatapara, C.G., District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, Thana Naya Raipur, Secretariat Mahanadi Bhawan, Raipur, C.G., District : Raipur, Chhattisgarh 2 - The Collector Balodabazar-Bhatapara, District Balodabazar-Bhatapara, C.G., District : Balodabazar-Bhathapara, Chhattisgarh 3 - District Treasury Officer Balodabazar-Bhatapara, District Balodabazar- Bhatapara, C.G., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director Pensions And Accounts, Raipur, District- Raipur, C.G., District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur, District Raipur, C.G., District : Raipur, Chhattisgarh --- Respondent(s) with 5 WPS No. 395 of 2021 Kripa Ram Paikara S/o Bhajanu Ram, Aged About 54 Years R/o Village Parsabahar, Balodabazar Lawan Road, Thana And Tahsil Balodabazar District Balodabazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue And Disaster Management, Thana Naya Raipur, Secretariat Mahanadi Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Director, Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan, Tahsil Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - District Treasury Officer, Balodabazar Bhatapara, District Balodabazar Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director, Pensions And Accounts, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 386 of 2021 Mohan Lal Joshi S/o Bhulau Ram Joshi Aged About 57 Years R/o Village Risda Post Risda Tahsil Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Thana Naya Raipur, Secretariat Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan Tahsil Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 3 - District Treasury Officer Balodabazar Bhatapara District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director Pensions And Accounts, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) with WPS No. 793 of 2021 Khorbahara Ram Manhare S/o Late Shri Awadh Ram, Aged About 63 Years R/o Village Korda Post Lawan Tahsil Baloda Bazar District Baloda - Bazar - Bhata Para Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh, Through The Secretary Department Of Revenue And Disaster Managment, Thana Naya Raipur, Secretariat Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director, Directorate Lok Shikshan, Vidhan Sabha Road Indrawati Bhawan, Tahsil Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - District Treasury Officer, Baloda Bazar - Bhatapara, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Divisional Joint Director, Pensions And Accounts, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - The Accountant General (Accounts And Audit) Of Chhattisgarh, Pension Bada Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) For Petitioners : Mr. N.K. Malaviya, Advocate For State : Mr. Keshav Prasad Gupta, Government Advocate Mr. Anil S. Pandey, Government Advocate 7 For Office of Accountant General (Accounts And Audit) : Mr. Rajkumar Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 19/03/2026 1. These petitions have been filed by retired Government Servants and legal representatives of some of Government Servants against the recovery orders issued by the Office of the Accountant General. 2. The gist of the impugned orders is that during the service period, the government servants allegedly withdrew amounts from their GPF accounts & this fact was detected during their service period and after retirement, during the course of scrutiny of their GPF accounts. 3. It appears that the government servants made complaints before the higher authorities and also lodged FIRs making allegations regarding illegal withdrawal and disbursement of GPF amounts from their accounts against the Drawing and Disbursing Officers of the respective institutions. 4. During the course of investigation, the Police found involvement of Accountants and Drawing & Disbursing Officers of the respective institutions. In the criminal cases, three officers were convicted for offences punishable under Sections 409, 420, 467, 468, 471 & 120-B of the IPC. 5. Pursuant to the order passed by this Court, an enquiry was conducted. According to the report submitted by the Enquiry Officer withdrawals were made from the GPF accounts of the government servants without their consent forging their signatures. 8 6. Perusal of the report submitted by the State and the allegations made by the petitioners would reveal that the withdrawals were not made by the government servants themselves and there was involvement of the Drawing and Disbursing Officers of the respective institutions. However, till date, the respondent authorities have not taken any steps for disbursal of the GPF amounts to the petitioners and legal representatives of the Government Servants who have died. 7. The petitioners retired from service between the years 2019 to 2022 and are still waiting for their legitimate claim of GPF amounts. 8. It is a well-settled principle of law that pension and pensionary benefits are not a bounty, and the government servants are entitled to receive GPF amounts and other retiral dues immediately after retirement. Further, the State should come forward to make payment of GPF amounts and other retiral dues to the retired government servants. 9. Taking into consideration the facts of these cases, the enquiry report submitted by the respondent authorities, and the conviction of some of the Drawing and Disbursing Officers, the concerned District Education Officers and Block Education Officers are directed to calculate the amount of GPF within a period of 60 days and to make payment within a further period of 60 days. 10.The petitioners shall be entitled to get interest on the GPF amounts as per Rules, which shall be assessed and calculated from the date of retirement of the government servants till the date of realization. 11.The respondent authorities are also directed to finally decide the pension cases of the petitioners within a period of 90 days. 12. It is informed by the counsel for the petitioners that pursuant to the recovery orders, the amounts mentioned therein have already been recovered from the GPF accounts and salaries of the petitioners. The 9 recovered amount shall be refunded to the petitioners with interest at the rate applicable to GPF accounts. 13.The petitioners would be at liberty to submit the relevant documents before the concerned District Education Officer and Block Education Officer. 14. The State would be at liberty to recover the amount so assessed by the District Education Officer and Block Education Officer from the erring officers. 15. With the aforesaid observations and directions, these petitions are hereby disposed of. Sd/- Rakesh Mohan Pandey JUDGE Nadim