Shrawan Kumar Kathale Vs State of Chhattisgarh

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1

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2026:CGHC:11138

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 7828 of 2024

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1 - Shrawan Kumar Kathale S/o J. R. Kathale Aged About 63 Years Principal / Assistant Director, R/o Sheela Parisar, Phase- I I, Near Ayyapa Mandir, Bharati Nagar, Bilaspur, District- Bilaspur, C.G.

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, P.S.- Rakhi, District- Raipur, C.G.

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2 - The Director Public Instructions Chhattisgarh, District- Raipur, C.G.

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3 - The District Education Officer Mungeli, District Mungeli, C.G.

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4 - The Joint Director Treasury Accounts And Pension, Bilaspur, Division District Bilaspur, C.G.

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5 - The Accountant General Treasury Accounts And Pension, Bilaspur, Division District Bilaspur, C.G.

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--- Respondent(s)

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(Cause title is taken from CIS system)

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BALRAM PRASAD DEWANGAN

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Digitally signed by BALRAM PRASAD DEWANGAN

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For Petitioner : Mr. R.K. Kesharwani, Advocate For Respondents/State No.1 to 4 : Mr. Shashil Singh, P.L. For Respondent No.5 : Mr. Raj Kumar Gupta, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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03/03/2026

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By this petition, petitioner has challenged the notice of minus balance

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in his GPF account issued by the office of respondent No.3 and sought

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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 the matter.

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10.2 The Hon’ble Court may kindly be pleased to quash/set-aside the impugned notice, dt. 17.04.2024 (Annexure P-1) and to allow the pension and gratuity of the petitioner.

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10.3 That, the Hon’ble Court may kindly be pleased to allow the other consequential benefits of the service of the petitioner.

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10.4 That, the Hon’ble Court may kindly allow any other relief as deem fit and proper.”

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Learned counsel for petitioner submits that petitioner was initially appointed on the post of Lecturer (Geography) on 14.02.1986. He was promoted to the post of Principal/Assistant Director in the year 2007. After attaining the age of superannuation, petitioner stood retired from service on 29.02.2024. After his retirement, petitioner was served with a notice dated 17.04.2024 mentioning that there is minus balance in GPF account of petitioner of Rs.8,64,507/-. Petitioner had submitted reply to the notice (Annexure P-1) on 12.09.2024 stating that employee code has wrongly been mentioned, however, till date corrective measures have not been taken. It is also contention of learned counsel for petitioner that during period of service, no notice like (Annexure P-1) has been issued to petitioner mentioning that there is minus balance in the records of GPF account of petitioner maintained by the respondent No.3 & 5 and therefore, now at belated stage, recovery from petitioner is not permissible.

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Learned counsel for respondents No. 5 would submit that petitioner stood retired w.e.f. 29.02.2024 and within a period of two months, letter/notice is issued to petitioner saying that there is minus balance

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of huge amount of Rs. Rs.8,64,507/- asking him to submit reply and if reply/objection is not received within two months, then proceedings for recovery of amount as mentioned therein would be processed. Petitioner has not submitted reply within two months. It is also contention of learned counsel for respondents No. 5 that after verifying the records of petitioner, maintained in the office and upon revealing that there is minus balance of Rs. Rs.8,64,507/--, office of respondent No.5 issued letter to Principal, Government Higher Secondary School, Dharampura, Mungeli mentioning that application is received for correction of records of GPF account of petitioner and to provide/sent copy of passbook of petitioner for the month of December, 1986 to March, 1989, however, till date, Principal of School has not forwarded the relevant documents since last more than one year.

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Learned counsel for respondents/State would submit that entire account of GPF is maintained by the office of respondent No.5. Respondent No.3 has forwarded letter intimating that due to minus balance of Rs.8,64,507/- in GPF account, final payment of retiral dues would not be possible. Amount due to petitioner towards GIS of Rs.2,76,011/- and amount due towards earned leave of Rs.11,51,904/has been paid to petitioner and provisional pension is also fixed. It is also submitted that according to Rule 14 (7) of C.G. General Provident Fund Rules, 1959, recovery of excess payment can be ordered.

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I have heard learned counsel for parties and perused the documents placed on record.

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Notice sent by office of respondent No.5 seeking reply from petitioner that there is minus balance in the GPF account of Rs.8,64,507/-,

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petitioner had submitted reply objecting to it and further office of respondent No.5 has also issued letter to the Principal, Government Higher Secondary School, Dharampura, Mungeli for sending the passbook of GPF account of petitioner.

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According to submission of learned counsel for respondent No.5, respondents have not forwarded copy of passbook of petitioner maintained in the office of respondents/State.

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As there is dispute of balance amount in the GPF account of petitioner and the records is maintained by respondent No.5 as also the employer of petitioner i.e. respondents No.1 to 4 I find it appropriate to dispose of this writ petition with a direction to respondents No.1 to 4 to send copy of passbook of petitioner as mentioned in the letter written by respondent No.5 to Principal, Government Higher Secondary School, Dharampura, Mungeli dated 06.12.2024 for the period from December, 1986 to March, 1989 and along with it send the entire records maintained by respondents/State of GPF account of petitioner showing the withdrawal and deposit for verifying the same with account maintained by respondent No.5 within a period of two months from the date of receipt of this order. Upon receipt of records from the respondents, respondent No.5 shall initiate proceedings of verification of GPF account of petitioner. Petitioner shall also provided an opportunity of hearing by issuing fixed date notice to petitioner as also respondents authorities for verification of the account in their presence and thereafter, to pass an order afresh.

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Till the decision is taken by respondent No.5 after verifying the records to be forwarded by respondents/State, no proceedings for recovery shall be initiated against petitioner.

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With the aforesaid observations and directions, this petition stands disposed of.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Shrawan Kumar Kathale v. State of Chhattisgarh

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Shrawan Kumar Kathale v. State of Chhattisgarh

Case brief

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