^lj, IN THE HIGH COURT OF CHATTISGRH, AT BILASPURC^G, S57-5 £ W. P. (S) No. Of 2008 PETITIQNER -<^ ^l ,^ B.L.Dwivedi, s/o late Sampat Kumar Dwivedi, aged about 65 years, occupation Pensioner, r/o village Purwa Padaria, Post Office Padaria, Tahsil Raipur Karchulian, District Rewa M.P. VERSUS RESPONDENTS 1. / ^' 1^ ^^? ^^>-" ^••';/^^" 2. ,?^ ^f^:>"' ^••' State of Chattisgarh, through The Secretary Department of Public Works, D.K.S.Bhawan Mantralaya Raipur Chhattisgarh The Executive Engineer, Public Works Department, (Buildings and Roads) Division Manendragarh, District Korea ,Chhattisgarh ^ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION QF INDIA HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition (s) No.3575 of 2008 Petitioner B. L. Dwivedi Versus Respondents State ot' Chhattisgarh and another [Writ Petition under Article 226 ofthe Constitution oflndia] SB: Hon'ble Mr.Satish K. Agnihotri, J. Present: Mr. Pramod Verma, Senior Advocate with Shri Raghvendra Verma, counsel for the petitioner. Mr. P. K. Bhaduri, Panel Lawyer forthe State. ORALORDER (Passed on this 19tn day of November, 2009) By this petition, the petitioner, seeks direction to the respondent authorities with regard to payment of outstanding amount of General Provident Fund along with penal interest from the date it became due till payment is made. (2) The indisputable facts, in nutshell, for adjudication of the case, are that the petitioner, who was posted as Assistant Grade-!!! in the Department of Pubiic Works, Manendragarh Division, District Korea, retired on 30-09-2003. Immediately after retirement of the petitioner, the office of Accountant Generai, Raipur, Chhattisgarh issued an authority ietter to the respondent No.2 on 31-12-2003 (Annexure P/1) for payment of rest of the General Provident Fund amount of Rs.2,57,660/-. In the aforestated auttiority letter, office of the Accountant Generai has shown some illegible credits and the petitioner was asked to submit details thereof. A letter dated 23-01-2004 (Annexure P/2), was received by the petitioner separately from the office of Accountant General to give detaiis regarding missing credit entries. After satisfying from the details given by the petitioner, the office of the Accountant Genera! issued a supplementary authority letter dated 20-12-2005 (Annexure P/3) to the -z- A\ respondent No.2 for payment of rest of the Generai Provident Fund amount Rs.2,87,485/-, but the same has not been paid. Being aggrieved, the petitioner has made several representations to the concerned authorities, but ail in vain. The petitioner also sent a notice upon the respondent authorities agitating his grievance on 05-11-2007 (Annexure P/4). In repiy vide Annexure P-5, the respondent No.2 has intimated the petitioner that some amount of Generai Provident Fund has been withhetd due to some alleged recovery, as a result of said action of the respondent authorities, the petitioner suffers irreparable financial loss and mentai agony. Hence, this petition. (3) Learned counsel for the petitioner submits that the amount of General Provident Fund of the petitioner has been withheld by the respondent- authorities due to some aileged recovery, to which no show cause notice has been issued to the petitioner. The petitioner has neither committed any alleged act during his service tenure nor at any time thereafter. Action of the respondent No.2 regarding non-payment of rest ofthe Generai Provident Fund amount, arbitrary, illegai and contrary in nature. (4) I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. The respondent No.2 vide ietter dated 04-01-2008 (Annexure-P/5) informed the reason for delayed payment of Generai Provident Fund because it v/as under contempiation that some irreguiarity has been committed. Thus, payment of General Provklent Fund amount was not made in due time. The State/respondent No.1 in its return dated 23-07-2009 stated that the respondent/State has written letters to the office of Accountant General wjth the revised authorization letter dated 28-04-2009 regarding payment of General Provident Fund amount to the petitioner. Thereafter, a demand draft to the extent of Rs.2,87,484/- was ^ immediately issued in favour of the petitioner, which is evident from the letter dated 24-6-2009 (Annexure - R/2). (5) Be that as it may, the sanction letter for payment of rest of the General Provident Fund was issued earlier and the money of Generai Provident Fund was not Sying with the office of Accountant General in view of the fact that the State authority has retained the money and must have used the same for other purposes, and as such, liabitity cannot be shifted on the office of Accountant General. The petitioner is entitled for statutory interest over the General Provident Fund amount throughout till the date of payment as the payment was received on 24-06-2009. The petitioner is entitled to statutory interest @ 8% from the date it became due tiii the payment is made. The interest has already been paid to the petitioner up to 20-12-2005. Accordingiy, the petitioner is entitled to statutory interest @ 8% from 21-12-2005 till 24-06-2009. (6) In view of the foregoing, the petition is allowed to the extent indicated above. Sd/- SatishK.Agnihotri Judge Tumr/ne