Narayan Kumar Sahu Vs State of Chhattisgarh

¶1

1

¶2

2026:CGHC:2355

¶3

RAGHVENDRAJAT Digitallysigned byRAGHVENDRAJAT

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPS No. 1570 of 2023

¶7

1 - Narayan Kumar Sahu S/o Late Palturam Sahu Aged About 63 Years R/o Gram Seldeep, Post Mandraud, Tehsil And Block Kurud, District Dhamtari Chhattisgarh.

¶8

... Petitioner(s)

¶9

versus

¶10

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh.

¶11

2 - Director Directorate Of Public Instructions Indrawati Bhawan, 3rd Floor, Raipur, District Raipur Chhattisgarh.

¶12

3 - District Education Officer District Balod Chhattisgarh.

¶13

... Respondent(s)

¶14

For Petitioner(s) : Mr. Vedant Shadangi, Advocate. For Respondent(s)/State : Mr. Anand Dadariya, Dy. A.G.

¶15

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

2

14/01/2026

By way of this petition, the petitioner has prayed for following reliefs:-

¶20

“10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authority to release the retiral dues and GPF of the petitioner at the earliest along with interest. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authority to release the pending salary and other benefits of the petitioner at the earliest. 10.3. Any other relief, which this Hon'ble Court may deem fit and proper, may also be awarded to the petitioner including the cost of the petition.”

¶21

Brief facts of the case, is that, the petitioner was initially appointed and served as Principal at Government Higher Secondary School, Sahgaon, Block Dondilohara, District Durg (Chhattisgarh), and was thereafter transferred to Government Higher Secondary School, Kochwaha, Block Gurur, District Balod (Chhattisgarh) vide transfer order dated 15.07.2010, from where he ultimately retired on attaining the age of superannuation on 31.03.2021, after retirement, for the purpose of release of his retiral benefits and payment of pending salary due since the year 2008, the petitioner approached the concerned authorities by issuing a legal notice dated 19.05.2022, clearly setting out his grievances regarding the inordinate delay in release of retiral dues and other lawful entitlements, however, in reply thereto, the District Education

¶22

3

¶23

Officer, Balod (Chhattisgarh), vide letter dated 09.06.2022, arbitrarily stated that there was no appointment of the petitioner as Principal at Government Higher Secondary School, Kochwaha, and further alleged that the petitioner had been terminated from service vide order dated 24.09.2013 under Section 10(9) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966, which assertion is wholly incorrect, it is pertinent to note that the petitioner was merely placed under suspension vide order dated 01.02.2008 on the allegation of continuous absence, and without revoking or cancelling the said suspension order, he was subsequently transferred from Government Higher Secondary School, Block Khatti, District Mahasamund (Chhattisgarh) to Government Higher Secondary School, Kochwahi, vide order dated 15.07.2010 issued by the School Education Department, which itself demonstrates the arbitrary, mala fide, and unjustified conduct of the respondent authorities in transferring an employee who was allegedly under suspension, prior to retirement, the petitioner had also informed the competent authorities regarding determination of his pension, pursuant to which the Commissioner (Revenue), Durg Division, vide letter dated 15.03.2022, requested the Joint Director, Education Department, Durg, to initiate the necessary inquiry and apprise both the department and the petitioner, and in furtherance thereof, the Joint Director addressed a communication to the District Education Officer, Balod, for initiating inquiry into the petitioner’s

¶24

4

¶25

retirement and release of retiral benefits; additionally, on 01.04.2021, the petitioner addressed a letter to the Collector, Balod, stating that while he was proceeding to retire and attempted to hand over the school letterhead and Principal’s seal, although the letterhead was received by Smt. Pratibha Sinha, Lecturer, and Shri Prabhakar Nareti, Office Clerk, acknowledgement thereof was denied, and the District Education Officer also refused to accept the Principal’s seal, compelling the petitioner to seek intervention of the Collector, who accordingly forwarded the matter to the District Education Officer vide letter dated 09.04.2021 for appropriate action and communication to the petitioner; despite all these developments, the petitioner was constrained to issue the legal notice dated 19.05.2022 to multiple authorities seeking release of his retirement benefits, including General Provident Fund, pending salary, and leave encashment, yet the reply dated 09.06.2022 falsely claimed that the petitioner was never appointed as Principal and referred to termination of a person shown as a teacher, which clearly establishes that the alleged termination does not pertain to the petitioner at all, thereby exposing the respondents’ failure to verify basic facts and their arbitrary rejection of the petitioner’s legitimate claim; even till date, despite repeated representations, the petitioner’s retiral dues, including GPF, pending salary, and leave allowances, have not been released, causing him continued hardship solely on account of the whimsical, negligent, and delayed actions of the respondent

¶26

5

¶27

authorities.

¶28

Learned counsel for the petitioner submits that the amount payable towards General Provident Fund (GPF) is still lying pending with the concerned respondent authorities and has not yet been released to the petitioner, and therefore, the respondent authorities may be directed to duly consider and decide the petitioner’s claim for grant and disbursement of the said GPF amount in accordance with law. He further submits that prior to the petitioner’s conviction and the passing of the punishment order against him, the petitioner had continuously served the department, for which salary and other admissible dues for certain months have not been paid. On this ground as well, the petitioner prays that appropriate directions may be issued to the concerned authorities to consider his case sympathetically and to release the unpaid salary and other consequential benefits lawfully due to him.

¶29

On the other hand, learned counsel for the State submits that there is already a High Powered Committee constituted by the State Government for redressal of such grievances where a dispute in-respect-of the GPF amount and retiral dues is concerned.

¶30

I have heard learned counsel for the parties and perused the material available on record.

¶31

Given the said nature of dispute, this Court is of the opinion that it is a fit case where the matter of the petitioner can be placed

¶32

6

¶33

before the High Power Committee constituted by the State Government for redressal of dispute so far as the pension and the retiral dues are concerned.

¶34

It is directed that let the High Power Committee consider the case of the petitioner and in the course of consideration they shall call upon the original GPF passbook maintained with the employer, so also the GPF passbook maintained in the office of the Accountant General and the record which is available with the petitioner and shall scrutinize the entire service record to ascertain the actual amount of GPF payable on the date of retirement to the petitioner.

¶35

Let this exercise be done by the High Power Committee within a period of 3 months from the date of certified copy of this order is placed before the Committee. The Committee is also directed to ensure that while scrutinizing the documents, the petitioner also shall be given an opportunity to submit his contentions along with the relevant records, if any.

¶36

Accordingly, the instant writ petition stands disposed of.

¶37

Sd/-

¶38

(Amitendra Kishore Prasad) Judge

¶39

Raghu Jat

Narayan Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Narayan Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sharad Kumar Vs State of Chhattisgarh

Gopal Singh Vs the Chairman

Harbansh Singh ( Nanhu Bhai ) Vs Returning Officer, Local Election

Sourabh Bodani Vs Kanhaiyalal Gidwani

Neeraj Kumar Pandey Vs State of Chhattisgarh

Virendra Kumar Sahu Vs State of Chhattisgarh