Disposed¶6

Kamlesh Kumar Mahant v. State Of Chhattisgarh

Chhattisgarh HC14 Jul 2025WPS/5015/2017

Case brief

AI extract

What is this about?

Writ petition (WPS No. 5015 of 2017, High Court of Chhattisgarh, decided 15.07.2025, Rakesh Mohan Pandey, J.) by a Head Master challenging recovery order dated 10.08.2017 relating to GPF entitlement and calculation; claim for interest; disputed questions of fact; matter referred to High Power Pension Redressal Committee for decision after hearing; petition disposed of, not decided on merits; no quantum of recovery stated in judgment.

What did the court decide?

Petition disposed of by referring the dispute regarding the petitioner's GPF entitlement, including the claim for interest, to the High Power Pension Redressal Committee for decision after affording hearing to the petitioner and other interested parties; the merits of the recovery order dated 10.08.2017 were not decided by this Court. ¶6

Kamlesh Kumar Mahant Vs State Of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the recovery order dated 10.08.2017 relating to the petitioner is sustainable, i.e., whether the petitioner is entitled to the GPF amount and its calculation as claimed, entailing disputed questions of fact. +1 more

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Court's answer

As disputed questions of fact are involved, the dispute concerning the petitioner's GPF entitlement is referred to the High Power Pension Redressal Committee to decide after affording due opportunity of hearing to the petitioner and other interested parties.

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Ratio / Principle

The petitioner's claim with regard to interest is left to be decided by the High Power Pension Redressal Committee strictly in accordance with law.

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Key takeaways

The Office of the Advocate General is directed to supply one copy of the petition along with necessary documents to the High Power Pension Redressal Committee.ratio¶5

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), single Bench of Rakesh Mohan Pandey, J., in WPS No. 5015 of 2017 (Kamlesh Kumar Mahant v. State of Chhattisgarh): writ petition seeking quashing of a recovery order dated 10.08.2017 (Annexure-P/1) concerning entitlement to and calculation of the petitioner's GPF amount, and reimbursement of the recovered amount with interest. Finding that disputed questions of fact were involved, the Court did not adjudicate the merits but referred the entire dispute, including the claim for interest, to the High Power Pension Redressal Committee to decide strictly in accordance with law after affording due opportunity of hearing to the petitioner and other interested parties; the Office of the Advocate General was directed to supply a copy of the petition with documents to the Committee. Petition disposed of accordingly (order dated 15.07.2025).

2025:CGHC:32869

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5015 of 2017

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1 - Kamlesh Kumar Mahant S/o Late Shri Fandiya Das Mahant, Aged About 51 Years Presently Working As Head Master At Government Primary School, Bhairotal, Block Katghora, District Korba, Chhattisgarh., Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhavan, Capital Complex, New Raipur, Police Station Rakhi, District Raipur, Chhattisgarh., Chhattisgarh

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2 - District Education Officer, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

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3 - District Collector, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

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4 - Block Education Officer, Block Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

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... Respondents

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For Petitioner : Dr. Sudeep Agrawal, Advocate. For State : Mr. Vedant Shadangi, Panel Lawyer

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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15.07.2025

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1. By way of this petition, the petitioner has sought the following relief(s):-

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“10.1) That, this Hon'ble Court may kindly be pleased to issue appropriate writ/direction for quashing the impugned recovery order dated 10.08.2017( (Annexure- P/1); relating to the petitioner, and direct for reimbursement of the recovered amount along with interest; in the interest of justice.

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10.2) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

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2. Learned counsel appearing for the petitioner would submit that the instant matter pertains to the entitlement of the GPF amount and the calculation thereof. He would pray that this matter may be referred to the High Power Pension Redressal Committee to decide the dispute involved in the present case.

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3. On the other hand, the learned counsel appearing on behalf of the State would oppose.

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4. Taking into consideration the fact that disputed questions of facts are involved in the present case, this matter is referred to the High Power Pension Redressal Committee to decide the dispute. The claim of the petitioner with regard to interest shall also be decided by the Committee strictly in accordance with law. The committee is directed to decide the dispute after affording the due opportunity of hearing to the petitioner and other interested parties.

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5. The Office of Advocate General is also directed to supply one copy of this petition along with necessary documents to the said committee.

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6. With the aforesaid observation and direction, the instant petition is

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hereby disposed of.

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Sd/(Rakesh Mohan Pandey) JUDGE

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Rekha

Kamlesh Kumar Mahant v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar Mahant v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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