1 - Smt. Sahodra Verma W/o Late Y.R. Painkra Aged About 68 Years Retired v. 1 - State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:42211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5487 of 2023 1 - Smt. Sahodra Verma W/o Late Y.R. Painkra Aged About 68 Years Retired Supervisor, Present Resident At House No. 14, Gauri Ganesh Colony, Behind Green Garden, Bilaspur, District Bilaspur (Chhattisgarh). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, Post Office Rakhi, District Raipur (Chhattisgarh) 2 - Commissioner Women And Child Development Department, Indrawati Bhawan, Naya Raipur (Chhattisgarh) 3 - The Joint Director Treasury Account And Pension, Bilaspur Division, Bilaspur, District Bilaspur (Chhattisgarh) 4 - The Senior Account Officer Office Of Accountant General, Raipur, District Raipur (C.G.) 5 - The District Programme Officer Women And Child Development Department, Raigarh, District Raigarh (Chhattisgarh) 2 6 - The Project Officer Unified Child Development Project, Lailunga, District Raigarh (Chhattisgarh) ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. V.K. Pandey, Advocate. For Respondent(s)/State : Mr. Devesh G. Kela, Panel Lawyer. For Respondent No. 4 : Mr. Rajkumar Gupta, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad 20/08/2025 Order on Board 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Honourable Court may kindly be pleased to issue notices to the respondents, returnable within early date of hearing. 10.2 That, the Honourable Court may kindly be pleased to direct the respondent no. 4 for payment of interest amount of GPF from 2018 to 2023 i.e. for 5 years within stipulated period. 10.3 That, the Honourable Court may kindly be pleased to issue any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.4 Cost of the petition.” 2. Brief facts of the case, is that, the present petitioner, who was 3 serving on the post of Supervisor under respondent No. 5, retired on 31.07.2017. After her retirement, the respondent authorities failed to release the GPF amount payable to her, compelling her to prefer a writ petition before the Hon’ble High Court, registered
Decision
as WPS No. 1734/2022, which was disposed of by the Hon’ble Court on 18.04.2022. As the respondent authorities did not comply with the said order, the petitioner filed a contempt petition before the Hon’ble Court, registered as Contempt Petition No. 778/2022, wherein the Hon’ble Court, vide order dated 16.08.2022, was pleased to issue notice to the respondents. Subsequently, the office of respondent No. 4 issued an authority letter on 23.12.2022 for release of the GPF amount, pursuant to which the respondents deposited a sum of Rs. 12,79,016/- including interest up to January 2018, which was finally paid to the petitioner on 30.01.2023. 3. Learned counsel for the petitioner submits that the petitioner stood retired from service on 31.07.2017, and despite such retirement, the competent authority issued the sanction/authority letter for disbursement of the General Provident Fund (GPF) amount along with interest only on 23.12.2022. It is further submitted that, as per the order, interest was required to be calculated for the period commencing from 01.01.2018 up to 4 01.01.2023. However, contrary to the settled principles of law and the directions issued, the interest has been erroneously calculated only up to January, 2018, thereby depriving the petitioner of his legitimate dues. Learned counsel contends that such action of the respondents is arbitrary, unjust, and in violation of the petitioner’s vested right to receive interest on delayed payment of retiral benefits. He, therefore, submits that the petitioner has been constrained to file the present petition seeking appropriate directions for payment of interest on the delayed disbursement of GPF for the aforesaid period. It is further pointed out that the total GPF amount payable to the petitioner is Rs. 12,79,015/-, and accordingly, the petitioner is legally entitled to the applicable interest on the said amount for the entire period of delay, which may kindly be directed to be released in his favour. 4. On the other hand, learned counsel for the respondents has vehemently opposed the submissions advanced on behalf of the petitioner and has disputed the allegations made therein. It is submitted that the respondents have made every sincere and genuine effort to ensure release of the GPF amount payable to the petitioner, however, due to certain unavoidable departmental exigencies and procedural formalities beyond their immediate control, the disbursement of the said amount could not be 5 effected within the stipulated time. It is further contended that the respondents, while releasing the GPF amount, have already calculated and paid the admissible interest up to 01.01.2018, and therefore, in their considered view, the petitioner is not entitled to claim or demand interest for any period beyond the said date. Accordingly, it is urged that the grievance of the petitioner regarding non-payment of interest for the subsequent period is without any legal foundation and deserves to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the overall facts and circumstances of the present case, and further taking into account the admitted position that the interest on the due amount has not been paid for the period commencing from 01.08.2017 till 01.01.2018, which is clearly not in consonance with the settled principles of law, it is evident that the petitioner is legally entitled to receive such interest. Accordingly, the respondents are under an obligation to ensure that the due amount of interest is calculated for the said period and the same is deposited along with the principal amount in the bank account of the petitioner without any further delay. 7. Accordingly, the writ petition is allowed. 8. The respondent authorities, more particularly the respondent– State, are hereby directed to undertake a proper calculation of 6 the interest payable to the petitioner for the period commencing from 01.08.2017 and continuing up to 01.01.2023. While carrying out such calculation, the authorities shall duly take into account the amount of interest, if any, that has already been paid to the petitioner, and after deducting the same from the total amount found payable, the balance amount of interest shall be released in favour of the petitioner. The aforesaid exercise of calculation and disbursement shall positively be completed within a period of 45 days from the date of receipt of copy of this order. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat