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Madhya Pradesh High Court

Smt. Kashi Yadav vs The State Of Madhya Pradesh on 8 January, 2016

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                                         W. P. No.13699/2010

                 W. P. No.13699/2010
08.01.2016

     Shri A. K. Tiwari, learned counsel for petitioner.

     Ms. J. Pandit, Govt. Advocate for the State.

     Heard.

     Grievance raised by the petitioner, widow of

erstwhile employee of Water Resource Department, is

against   the   action   by   respondents    of   effecting

recovery of Rs.5,52,239/- from the retiral dues and from the dearness relief which in turn is because of overdrawal and minus debit balance in the General Provident Fund A/c of the petitioner's husband.

Petitioner's husband was employed as Senior Superintendent in the office of Chief Engineer, Upper Narmada Zone, Water Resource Department, Jabalpur. He died while in service. The pension was settled with issuance of Pension Payment Order on 03.04.2006. However, recovery of Rs.5,72,327/- are shown to be effected from the petitioner being the amount towards negative balance, meaning that though there was no balance in the GPF A/c yet the amount was drawn therefrom. That a letter dated 2 W. P. No.13699/2010 25.03.2010 was issued by the District Treasury Officer addressed to Manager, Central Bank, Branch Tilwaraghat, directing him to recover the amount of Rs.57,2,327/- from the petitioner's dearness relief.

This communication is the cause for present petition.

It is urged on behalf of the petitioner that the authority concern has grossly erred in holding that the petitioner late overdrawn from the GPF A/c holding in minus balance.

Respondent No.5 has refuted the contentions. It is urged that during service petitioner's husband withdrew amounts between 1982 to 1992 but were not entered in GPF Pass Book maintained by the employer. It is further contended that by letter dated 10.5.2006, Chief Engineer was called upon to give the details of withdrawals which were affirmed by the Superintending Engineer, Narmada Development Circle No.12, vide his letter of 17.11.06 following details of the withdrawal debits has been given in the reply:

As per Passbook As per record of Answering Respondent No.5 Remarks Month Amount of Month Amount of withdrawal withdrawal 11/82 1132/- 11/82 1172/- This P.F. withdrawal of (Part Final Rs.1172/- is recorded in the Withdrawal) record of Answering Respondents No. 5 (Voucher No. 41) 80/87 - 10/87 13200/- This P.F. withdrawal of Rs.

(P.F.) 13,200 is recorded in the record of Answering Respondent No.5 (Voucher No. 163) 6/93 4000/- 6/93 40000/- This P.F. withdrawal of Rs.

(P.F.) 40,000/- confirmed as having been withdrawn by late Shri Sukhram Yadav as per his Service Book 11/94 - 11/94 40000/- This P.F. withdrawal of Rs.

(P.F.) 40,000/- confirmed vide letter dated 17.11.2006 of S.E. Voucher Narmada Development Circle No. No. 12, Narmada Nagar, 8/28.11.94 Khandwa (M.P.) as having been withdrawan by late Shri Sukhram Yadav. (Saction No. 2793/LFkk/270 dated 21.11.94, Bill No. 7 dk 11/94 withdrawn for the purpose of purchase of plot).

2/95 - 2/95 35000/- This P.F. Withdrawal of Rs.

                                   (P.F.)     35,000/- confirmed vide letter
                                              dated 17.11.2006 of S.E.
                                  Voucher     Narmada Development Circle
                                   No. 23     No. 12, Narmada Nagar,

dated 2/95 Khandwa (M.P.) as having been withdrawn by late Shri Sukhram Yadav. (Saction No. 556/LFkk-/270 dated 20.02.95, Bill No. 14 dk 02/95, withdrawn for the purpose of sister's marriage).

1/96 - 1/96 20000/- This Withdrawal (Temporary (Temp. Advance) of Rs. 20,000/- Advance) confirmed vide letter dated 17.11.2006 of S.E. Narmada Voucher Development Circle No. 12, No. 15 Narmada Nagar, Khandwa dated 1/96 (M.P.) as having been withdrawn by late Shri Sukhram Yadav, (Sanction No. 85/LFkk./270 dated 09.01.96 Bill No. 4 dk 1/96, withdrawn for the purpose of wife's medical treatment) 1/97 - 1/97 20000/- This P.F. Withdrawal of Rs.

(P.F.) 20,000/- confirmed vide letter Voucher dated 17.11.2006 of S.E. No.8 dated Narmada Development Circle 1/97 No. 12, Narmada Nagar, Khandwa (M.P.) as having been withdrawn by late Shri Sukhram Yadav. (Sanction No. 92/LFkk./270 dated 6.01.97, Bill No. 6 dk 01/97, withdrawn for the purpose of wife's medical treatment) 7/97 - 7/97 20000/- This P.F. Withdrawal of Rs.

(P.F.) 20,000/- confirmed vide letter dated 17.11.2006 of S.E., Narmada Development Circle No. 12, Narmada Nagar Khandwa (M.P.) as having been withdrawn by late Shri Sukhram Yadav. (Sanction No. 2598/LFkk./270 dated 24.07.97, Bill No. 18 dk 07/97, withdrawn for the purpose of wife's medical treatment) It is urged by learned Government Advocate that by adding penal interest amount of Rs.572327 calculated as on 10.08.2005 is to be recovered. No material documents has been commended at by the petitioner to belie the debits in her husband's GPF A/c.

Since the ledger A/c maintained by the Officer of Accountant General in due course of business and as 5 W. P. No.13699/2010 per statutory provisions, minus balance therein in petitioner's husband's GPF A/c cannot be doubted.

In view whereof, since petitioner fails to establish that there is no negative balance in GPF A/c of her husband, no relief can be granted. Consequently, petition fails and is dismissed. Interim order dated 29.9.2010 is vacated. There shall be no costs.

(SANJAY YADAV) JUDGE Loretta