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Kushal Prasad Pandey Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Ravi Shankar Jha - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Kushal Prasad Pandey

Respondent

The State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Ravi Shankar Jha

Excerpt:


.....non-maintainable and has directly approached this court by filing the present petition without approaching the authority concerned. looking to the fact that as the arrear has to be determined and calculated by the competent authority and cannot be done by this court under articles 226/227 of the constitution of india, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the accountant general for mitigation of his grievance. it needs no emphasis to state that in case the petitioner approaches the accountant general by filing a representation along with a copy of the order passed today and a copy of the petition, the authority concerned shall consider and decide the same expeditiously, in accordance with law. however, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order. with the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge.....

Judgment:


W.P.No.1544/2014 (K.P.Pandey versus State of MP and otheRs.10.02.2014 Shri V.P.Singh, learned counsel for the petitioner.

The petitioner has filed this petition alleging that the respondents/authorities are not determining and paying the petitioner's G.P.F.arrears inspite of the fact that he has retired long back.

It is submitted that on a representation, the authorities have released part of the arrears but the remaining part has not been considered or being decided by the Accountant General.

Having heard the learned counsel for the petitioner, it is observed that the petitioner has not filed any documents to indicate that the petitioner has approached the Accountant General, the respondent No.4 by filing any representation giving details of the arrears due to the petitioner after the dismissal of his claim by the Consumer Forum as non-maintainable and has directly approached this court by filing the present petition without approaching the authority concerned.

Looking to the fact that as the arrear has to be determined and calculated by the competent authority and cannot be done by this court under Articles 226/227 of the Constitution of India, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the Accountant General for mitigation of his grievance.

It needs no emphasis to state that in case the petitioner approaches the Accountant General by filing a representation along with a copy of the order passed today and a copy of the petition, the authority concerned shall consider and decide the same expeditiously, in accordance with law.

However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.

With the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge Ms.l




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