NOHARLAL KOSHEWADA Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) The facts are that the petitioner served the Education department as Assistant Teacher from 23.12.1963 to 31.10.1973. He tendered his resignation on 31.10.1973 which was accepted on 01.11.1973 (Annexure P-

(2.) ) and in respect of the retiral dues, an amount of Rs. 2,222/- was paid to him on 11.09.1975 (Annexure P-4). It is case of the petitioner that during his service period, general provident fund deduction were made from his salary, however, at the time of retirement though he was entitled for return of entire GPF amount certain part were not paid. Therefore, the petitioner started making correspondence with the department. Eventually, by letter dated 24.07.1980 (Annexure P-5) after a period of 7 years, it surfaced that the contribution for the month of November 1967, January 1968, April 1969, November 1969, January 1970 and August 1970 though deducted but were not deposited in the GPF account of the petitioner, which was maintained by the then Accountant General Office. Consequently, the necessary documents were called for, thereafter, several reminder letters were sent and correspondence were made by the petitioner but eventually of no use. At last, in the year 2017, the mercy prevailed at the behest of one of the Officer and the particulars of the deduction in reference to the letter dated 24.07.1980 was replied which is filed as Annexure P-7. Thereby, for the first time, the intimation was sent regarding the particulars of the deduction made for an account of provident fund on 01.02.2017 and along with the particulars, the deduction chart was also made available which purports that deduction was made from the salary for GPF. 2. The return of Senior Accountant General Officer would show that after receipt of the particulars of the correction of the missing contribution, an amount of Rs. 126/- was arrived at as account for calculation and as per GPF rules, compound interest up to the month of acceptance of resignation was allowed which amounted to Rs. 844/- and pursuant thereto amount of Rs. 844/- was paid.

(3.) Learned counsel for the petitioner would submit the delay was attributed for the non-cooperative behavior of the respondents Officers of the Education Department as the petitioner though resigned in 1973 eventual payment was made ultimately on 28.09.2018. He would further submit that the petitioner cannot be made to suffer for the dormant and non working attitude of the officers. He placed his reliance on A.S. Randhawa Vs. State of Punjab and Others 1997 (3) SCT 468 and in the judgment rendered by the Allahabad High Court in the case No. WRIT - A No. 29542 of 1997 {Sant Lal (since deceased and substituted by legal heir) Vs. The Chief Audit Officer and Other} He further submits that it is a fit case wherein adequate compensation requires to be awarded along with the necessary enquiry should be conducted against erring officers.