Madan Lal Sidar (Died and Deleted) Though Lrs. Vs State Of Chhattisgarh and Ors.

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1

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Digitally signed by REKHA SINGH

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2024:CGHC:35615

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 6715 of 2014

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Madan Lal Sidar (Died And Deleted) Though Lrs. As Per Honble Court Order Dated 10-06-2024.

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Vinod Kumar Sidar S/o Madan Lal Sidar, Aged About 38 Years R/o House No. 77, Ward No.07, Usraut, Raigarh, District Raigarh, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Raipur, Distt Raipur, Cg, Chhattisgarh

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2 - Pension Nirakaran Samiti Through The Special Secretary, General Administration Department Cum Member Secretary Of Pension Nirakaran Samiti, Mantralaya, Mahanadi Bhawan, Raipur, Cg

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3 - The Deputy Secretary General Administration Department, Cum Member Of Pension Nirakaran Samiti, Mantralaya, Mahanadi Bhawan, Raipur, Cg

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4 - The Collector Raigarh, District Raigarh, Cg

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5 - The Sub Divisional Officer R Gharghoda, Distt. Raigarh, Cg

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6 - The Tahsildar Gharghoda Distt. Raigarh, Cg

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7 - The Nayab Nazir, Tahsil Office Gharghoda, Distt Raigarh, Cg

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8 - Shri Vasudev Sidar The Nayab Nazir, Tahsil Office Gharghoda, Distt Raigarh, Cg

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9 - The Accountant General Account And Dues Zero Point Baloda Bazar Road, Raipur, Distt Raipur, Cg

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... Respondents

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(Cause-title taken from Case Information System)

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For Petitioner	:	Mr. Ajeet Kumar Yadav, Advocate
For State	:	Mr. Atanu Ghosh, Dy. G.A.
For respondent No.8	:	Mr. Mayank Goyal, Advocate holding the brief of Mr. Rahul Tamaskar, Advocate
For Respondents No.9	:	Mr. Ashwani Shukla, Advocate

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-2-

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Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

11.09.2024

Heard.

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

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“ 10.1 The Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for its kind perusal;

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10.2 The Hon’ble Court may kindly be pleased to issue a suitable writ/order/direction and quash the recovery of Rs.2,96,368/- made against the petitioner for misappropriation of government money;

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10.3 The Hon’ble Court may kindly be pleased to issue a suitable writ/order/direction and quash/modify the impugned order dated 25.09.2014 (Annexure P/1) passed by the respondent No.2 to the extent (i) the recovery of Rs.2,96,368/- has been directed to be adjusted against retiral dues of the petitioner (ii) the claim of the petitioner for GPF amount has not been finalized and (iii) interest has not been awarded upon retiral dues of the petitioner;

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10.4 The Hon’ble Court may kindly be pleased to issue a suitable/writ/order/direction commanding the respondent authorities to refund/return the petitioner Rs.2,96,368/- which has been recovered for misappropriation of government money from the petitioner by way of adjustment of the said amount of Rs.2,96,368/- against retiral dues of the petitioner.

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10.5 The Hon’ble Court may kindly be pleased to issue a suitable writ/order/direction commanding the respondent authorities to decide the claim of the petitioner for GPF amount as well as to make payment of GPF amount to the petitioner without any further delay;

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10.6 The Hon’ble Court may kindly be pleased to issue a suitable writ/order/direction commanding the respondent authorities to pay interest on all retiral dues of the petitioner; and

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10.7 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.

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Mr. Ghosh, the learned Deputy Government Advocate appearing for the

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State submitted that the amount of arrears of pension of three years from the date of death of the Government servant, has already been paid to the petitioner. He further submitted that the claim of the petitioner with regard to

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3

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GPF amount has already been referred to the Office of the Accountant General.

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Mr. Shukla, the learned counsel appearing for respondent No.9 submitted that the claim of the petitioner with regard to GPF has been received and it would be finalized as early as the petitioner will produce the affidavit of succession.

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At this stage, the learned counsel appearing for the petitioner submitted that a direction may be issued to the office of the Accountant General to complete the process of payment of GPF and other benefits expeditiously.

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Taking into consideration the above-stated facts, the present petition is disposed of directing the office of Accountant General to complete the process of payment of GPF amount expeditiously preferably within a period of 60 days subject to submission of affidavit of succession by the petitioner. If the grievance of the petitioner is not redressed, he would be at liberty to approach this Court.

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With the aforesaid observation, the present petition is disposed of .

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

Madan Lal Sidar (Died and Deleted) Though Lrs. v. State Of Chhattisgarh and Ors.

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Madan Lal Sidar (Died and Deleted) Though Lrs. v. State Of Chhattisgarh and Ors.

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