Disposed

Deleted (Amilal Chauhan) (Died) v. State of Chhattisgarh

Chhattisgarh HC26 Nov 2024WPS/5342/2019

Case brief

AI extract

What is this about?

Writ petition by legal heirs of a deceased employee challenging an order showing a negative GPF balance of Rs. 5,96,570/-. After the State recalculated the account, a positive balance emerged and Rs. 17,956/- including interest was disbursed to the petitioners. The Court disposed of the petition as nothing remained for adjudication, reserving liberty to pursue remedies for any future error.

What the court decided

AI extract

Deleted (Amilal Chauhan) (Died) Vs… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:46637

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5342 of 2019

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1 - Deleted (Amilal Chauhan) (Died) Honble Court Order Dated 03/11/2023. 1.1 - Sukanti Bai Wd/o Late Amilal Chauhan, Aged About 65 Years R/o Village Madanpur, Tahsil Kharsia, District Raigarh Chhattisgarh.

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1.2 - Sujit Kumar Chauhan S/o Late Amilal Chauhan, Aged About 48 Years R/o Village Madanpur, Tahsil Kharsia, District Raigarh Chhattisgarh.

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1.3 - Smt. Laxmi Chauhan W/o Kishor Chauhan, Aged About 37 Years R/o Village Madanpur, Tahsil Kharsia, District Raigarh Chhattisgarh.

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1.4 - Smt. Ajay Chauhan W/o Vijay Chauhan, Aged About 43 Years R/o Village Mainapara, Tahsil Kharsia, District Raigarh Chhattisgarh.

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Thana And Naya Raipur, Secretariat Mahanadi Bhawan, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - The Collector Raigarh Collectorate (Land Records) Raigarh District Raigarh(CG)

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3 - District Treasury Officer Raigarh District Raigarh (CG).

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4 - Divisional Joint Director Pensions And Accounts, Bilaspur District Bilaspur (CG).

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5 - The Accountant General (Accounts And Audit ) Of Chhattisgarh Pension Bada Raipur, District Raipur Chhattisgarh.

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... Respondents

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For Petitioners : Mr. N. K. Malviya, Advocate For State : Mr. Rajeev Bharat, Govt. Advocate For Respondent No. 5. : Mr. Raj Kumar Gupta, Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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27/11/2024

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Petitioners have filed this writ petition seeking following relief (s) :

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“10.a The Hon’ble Court may be pleased to quash the order passed on 19.06.2018. Copy

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of the order is annexed as Annexure P-1.

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10.b Any other relief, order / direction may be pleased to issue in the facts and circumstances of the case.”

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Learned counsel for respondent No. 5 submits that after filing of the writ petition, respondent State has revisited the account of original petitioner (deceased) employee and has forwarded recalculation sheet with respect of G.P.F. account of deceased employee to office of respondent No. 5 in the month of August, 2024. Thereafter, respondent No. 5 has reworked on the recalculation sheet forwarded by State / employer upon which, it revealed that instead of negative balance as mentioned in Annexure P/2 of Rs. 5,96,570/- petitioner is having positive balance in his account. Thereafter, authorization letter was also issued to State Government / employer for disbursement of amount of Rs. 17,956/- which includes interest as per law. Hence, nothing survives in the writ petition for further adjudication.

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Learned State counsel submits that as per instruction from Officer Mr. Shashikant Kurre, Deputy Collector, Raigarh, present in Court, as per authorization letter, amount of Rs. 17,956/- which includes interest also has already been disbursed.

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Learned counsel for petitioner submits that he has been supplied soft copy of recalculation sheet and as per information gathered, aforementioned amount has also been deposited in the account of petitioners. However, he submits that liberty may be reserved with the petitioners to take recourse to the law if any further error and grievance is found in recalculation done by respondent / employer.

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Considered submission of learned counsel for the respective parties and further considering relief sought for in this writ petition. In view of the fact that after recalculation, negative balance mentioned in Annexure P/2 has been corrected and respondent No. 5 has issued authorization letter of making payment to petitioner of Rs. 17,956/-, nothing remains for this Court for

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further adjudication.

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Accordingly, this writ petition is disposed of based on the submission made by learned counsel for the respective parties reserving liberty with the petitioners to take recourse to law, if any exigency arises in future.

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Sd/-

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(Parth Prateem Sahu)

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JUDGE

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Shayna

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Digitally SHAYNA signed by KADRI SHAYNA KADRI

Deleted (Amilal Chauhan) (Died) v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Deleted (Amilal Chauhan) (Died) v. State of Chhattisgarh

Case brief

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What the court decided

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