MEENA KUMARI TONDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. The petitioner who is the mother of deceased-employee, Dr. Kalpana Tondey has filed this petition assailing the correctness and validity of direction dated 7-6-2006 (Annexure P-10) issued by respondent No. 2, whereby payment of GPF has been withheld on the ground of pendency of criminal appeal.

(2.) After unfortunate death of Dr. Kalpana Tondey, her parents claimed release of various dues, which included GPF, Insurance Coverage, arrears of salary, leave encashment etc. The Chief Medical & Health Officer allowed the amount of Group Insurance of Rs. 1,20,000/-, arrears of pay of Rs. 24,208/- as also encashment towards earned leave amounting to Rs. 25,062/- to be released vide different sanctions orders dated 14-1-2000, dated 7-8-2009 and 3-1-2000 placed on record collectively as Annexure P-4.

(3.) When claim for release of provident fund amounting to Rs. 1,23,343/- was raised, it was not released. A legal notice dated 16-2-2004 was given which was not paid any heed to. Thereafter, N.P. Tondey (since deceased), father of the deceased employee filed a writ petition before this Court, registered as W.P. No. 972/ 05, for issuance of directions for release of gratuity amount and other amounts due and payable on account of death of Late Dr. Kalpana Tondey. On 3-2-2006, this Court issued a direction for release of the amount due and payable. Thereafter, on 24-2-2006, Sr. Account Officer in the office of respondent No. 2, issued authorisation letter for release of GPF amount of Rs. 1,23,348/- in compliance of the order of the High Court. Thereafter, the Chief Medical and Health Officer vide his memo dated 24-5-2006 (Annexure A-8), required father of deceased employee B.P. Tondey to furnish undertaking. An undertaking was also submitted by B.P. Tondey (Annexure P-9).