Ramgopal Bhardwaj Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Ramgopal Bhardwaj Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: State to forward a proposal for interest for the period February, 2018 to 30.08.2019 within 60 days; respondent No.3 (Accountant General) to take steps for authorization for disbursal of remaining interest within a further 120 days; interest to be computed at the applicable rate at the relevant time as per rules; Advocate General's office to send a copy of the order to the concerned authority for immediate compliance.

Issue for consideration

Whether the petitioner, who retired on 31.07.2017 and whose GPF amount was paid only on 27.09.2019, is entitled to interest on the GPF for the period beyond January, 2018 up to the date of issuance of the authorization letter (30.08.2019).

Court's answer

Considering that the petitioner retired on 31.07.2017, the authorization letter was issued on 30.08.2019, and the Circular dated 01.02.2016 (judicially noticed in Amir Khan, supra), interest on the GPF ought to be calculated up to the date of issuance of the authorization letter.

Ratio / Principle

Interest on the GPF amount shall be reckoned as per the applicable rate at the relevant time and as per rules.

Key takeaways

The State is directed to send a proposal for interest for the period from February, 2018 up to 30.08.2019 (date of authorization letter) within 60 days, and respondent No.3 shall take further steps for issuance of authorization for disbursal of the remaining interest within a further period of 120 days.ratio¶¶28

Detailed headnote1 paragraphs

GPF — delayed release — interest for period of delay. Petitioner, an Ex-Agriculture Development Officer, retired on 31.07.2017; GPF paid on 27.09.2019; interest credited only up to January, 2018 on the strength of Circular dated 19.09.2014 restricting interest to six months. Having regard to the authorization letter dated 30.08.2019 and the Circular dated 01.02.2016 of the Finance and Planning Department (Serial No.3: where delay occurs for want of complete information, interest is payable only up to the date of authorization), judicially noticed by this Court in Amir Khan vs. State of Chhattisgarh (WPS No.2657/2020, decided 28.11.2025, 2025:CGHC:57908), the Court held that interest is calculable up to the date of the authorization letter. State directed to send the interest proposal (February, 2018 to 30.08.2019) within 60 days; respondent No.3 to complete disbursal authorization within a further 120 days; interest at applicable rate as per rules. Petition disposed of.

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2025:CGHC:60498

PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.12.12 15:47:33 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 4010 of 2020

1 - Ramgopal Bhardwaj S/o Late Shri Vishnu Ram Aged About 65 Years (Ex Agriculture Development Officer, Gunderdehi, District Balod), R/o Village And Post Santara, Tahsil Patan, District Durg Chhattisgarh

... Petitioner(s)

versus

1 - State Of Chhattisgarh, Through Secretary, Agricultural Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2 - Sub Divisional Officer, Agriculture, Balod, District Balod Chhattisgarh

3 - Accountant General, (A And E), Kosh, Lekha And Pension, Chhattisgarh, Raipur, Zero Point, Baloda Road, Raipur, District Raipur Chhattisgarh

4 - Senior Account Officer, Kosh, Lekha And Pension, Chhattisgarh, Raipur, Zero Point, Baloda Road, Raipur, District Raipur Chhattisgarh

... Respondent(s)

For Petitioner : Mr. Shikhar Sharma, Advocate For Respondent No.3 : Mr. Rajkumar Gupta, Advocate For Respondents No.1, 2 : Mr. Ritesh Giri, PL & 4

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

12/12/2025

1. This Writ Petition has been filed for payment of interest for the period of delay that occurred in releasing the GPF amount of the petitioner as the petitioner retired on 31.07.2017 and the amount of the GPF was paid on 27.09.2019.

2. Learned counsel for the petitioner submits that although the petitioner retired on 31.07.2017, but the GPF amount was paid belatedly. He would further submit that the interest has been calculated only up to January, 2018 and no interest has been paid thereafter. Hence this Petition.

3. Learned counsel for respondent No.3 submits that the authorization letter was issued on 30.08.2019 and the interest was paid up to January, 2018 as per the rules.

4. Learned counsel for the State submits that as per the Circular dated 19.09.2014, interest is restricted to a period of only 6 months and accordingly, the interest has been paid.

5. Replying the aforesaid, learned counsel for the petitioner submits that even as per Finance Instruction No.47/2014, if there is a delay in the payment of GPF for more than 6 months, the Administrative Department ought to sanction the interest and also fix the liability

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against the erring officer by initiating the disciplinary proceedings. He further submits that recently in the matter of Amir Khan vs. State of Chhattisgarh and other passed by this Court in WPS No.2657/2020 dated 28.11.2025 {2025:CGHC:57908}, the State had brought to the notice of this Court a subsequent Circular dated 01.02.2016 issued by the Finance and Planning Department, wherein at Serial No.3, it is clarified that in a case of any delay occurred for want of complete information, the payment of interest shall be made only up to the date of authorization.

6. Having regard to the submission of learned counsel for the parties and considering that the petitioner retired on 31.07.2017 and the authorization letter was issued on 30.08.2019 and further considering the circular dated 01.02.2016, of which judicial notice has been taken in the matter of Amir Khan (supra), this Court is of the view that the interest ought to be calculated up to the date of issuance of the authorization letter.

7. In view of the above, the State is directed to send a proposal for interest for the period from February, 2018 up to the date of issuance of the authorization letter i.e. 30.08.2019. The said proposal shall be forwarded within a period of 60 days from the date of passing of this order, and, in turn, respondent No.3 shall take further steps for issuance of the authorization for disbursal of the

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remaining interest to the petitioner within a further period of 120 days.

8. It is also observed that the interest on the amount of GPF shall be reckoned as per applicable rate at the relevant time and as per rules.

9. With the aforesaid direction, this Petition stands disposed of.

10. Office of the Advocate General is directed to send a copy of this order to the concerned authority for its immediate compliance.

Sd/-

(Deepak Kumar Tiwari) Judge

Priyanka