Pyarelal Choudhary Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Pyarelal Choudhary Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No monetary relief granted. The petition was disposed of with directions that the GPF dispute be decided by the High Power Pension Redressal Committee, which is to verify the account and decide the claim after hearing, preferably within 90 days, with the Office of the Advocate General supplying the petition and documents to the Committee.

Issue for consideration

Whether the petitioner, a retired P.T.I. teacher, is entitled to release of the remaining GPF amount of Rs. 11,94,327/- along with interest at 12% per annum, when respondent No. 3 contends that the full GPF amount with interest has already been paid.

Court's answer

Because disputed questions of facts are involved in the case, the dispute over the petitioner's GPF claim was referred to the High Power Pension Redressal Committee to decide the dispute between the parties.

Ratio / Principle

The Committee was directed to verify the petitioner's account along with other relevant documents and decide his claim after affording due opportunity of hearing, preferably within 90 days; the Office of the Advocate General was directed to supply a copy of the petition with documents to the Committee.

Detailed headnote1 paragraphs

Service/pension writ (WPS No. 1830 of 2023) decided on 12.12.2024 by the High Court of Chhattisgarh at Bilaspur (Rakesh Mohan Pandey, J.). Pyarelal Choudhary, a retired P.T.I. teacher, sought direction to the respondent authorities to release the alleged balance GPF amount of Rs. 11,94,327/- (claimed entitlement Rs. 21,92,591/- minus Rs. 10,08,264/- already released) with interest at 12% per annum. Respondent No. 3 (Accountant General) contended that the GPF amount along with interest had already been fully paid. Holding that disputed questions of fact were involved, the Court did not adjudicate the quantum itself; it referred the dispute to the High Power Pension Redressal Committee with directions to verify the petitioner's account and relevant documents, afford due opportunity of hearing, and decide the claim preferably within 90 days, the Office of the Advocate General to supply the petition and documents to the Committee. Petition disposed of accordingly. No statutes or precedents were cited.

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Digitally signed by NADIM MOHLE

2024:CGHC:49068

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1830 of 2023

Pyarelal Choudhary S/o Shri Dular Singh Choudhary Aged About 64 Years Retired P T I Teacher, At/ Post G-1, I T I Colony, Korba, District Korba Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Manralaya, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh

2 - Director Directorate Of Public Instructions, Indrawati Bhawan, Naya Raipur Atal Nagar, Post Office And Police Station Naya Raipur Atal Nagar, District Raipur Chhattisgarh

3 - Accountant General (Accounts And Hakdhari) Zero Point, Baloda Bazar Road, Raipur District Raipur Chhattisgarh

4 - Joint Director Treasury, Accounts And Pension, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh

5 - District Education Officer Korba District Korba Chhattisgarh

6 - Principal Govt. Higher Secondary School Balco, District Korba Chhattisgarh

... Respondent(s)

For Petitioner : Mr. Dhani Ram Patel, Advocate

For State : Mr. S.P. Kale, Additional Advocate General

For Respondent No.3 : Mr. Aswani Shukla, Advocate

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

12.12.2024

1 ) The petitioner has filed this petition seeking the following relief(s):-

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“10.i. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner and release the remaining GPF amount of Rs. 11,94,327/-(Rs.21,92,591 - Rs. 10,08,264) along with interest at the rate of 12% per annum in favour of the petitioner.

ii. Cost of the petition may also be granted to the petitioner.

Iii. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. ”

1. Learned counsel for the petitioner would submit that the petitioner is entitled to GPF amount of Rs.21,92,591/-, whereas the authorities has released only Rs.10,08,264/-; thus, he would pray that the respondent authorities may be directed to release remaining GPF amount of Rs.11,94,327/- with interest of 12% per annum in favour of the petitioner.

1. On the other hand, the learned counsel appearing on behalf of the State & respondent No.3 would oppose.

1. Learned counsel appearing on behalf of respondent No. 3 i.e. O/o Accountant General, Chhattisgarh submitted that GPF amount along with interest has already been paid to the petitioner and nothing requires to be paid to the petitioner.

1. Heard learned counsel appearing for the parties and perused the documents.

6 ) Taking into consideration the fact that disputed questions of facts are involved in the present case, therefore, this matter is referred to the High Power Pension Redressal Committee to decide the dispute between the parties. The committee is directed to verify the account of the petitioner along with other relevant

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documents and thereafter, decide the claim of the petitioner after affording due opportunity of hearing preferably within a period of 90 days. Office of Advocate General is directed to supply one copy of this petition along with necessary documents to the said committee.

7 ) With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of .

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim