1. Alleging deficiency of service & causing mental agony for non sanctioning of GPF (part final non-refundable) amounting of Rs2, 90,000/-to the complainant he had  filed this case against the Opp party for a direction to release the aforesaid amount with compensation and cost of litigation                  

         2. Shorn of unnecessary details the brief fact of the case the complainant was working as Junior clerk since 26.10.1988 in different establishment of Boudh revenue District .The complainant was on leave since 11.06.2013 on medical ground and while on leave he had applied for G.P.F (part final non refundable) money amounting Rs.2, 90,000/- from his G.P.F A/c No.18092 CDP(O). In the  mean time two months have already passed when the OPP party did not take any steps he had filed this case before this forum for  direction  to release the aforesaid G.PF of Rs 2,90,000/- along with compensation.

               3.On being noticed, the  Opp party  put their appearance on 09.04.15 through G.P .The case of the O.P is that the complainant was working  as Jr.Clerk on different establishments of Boudh district , but the Collector and Dist.Magistrate, Boudh has dismissed the  complainant from Government service and further the O.P admits that  the complainant has applied for his part final non refundable G.P.F amounting Rs.2,90,000/- .The complainant was dismissed  from his service for which the O.P  sought for clarification whether the case of the complainant will be considered or not. The O.P further admits that the complainant approached him personally and also advised to wait till receive of clarification form the Collector and Dist, Magistrate, Boudh.

                 4. During the course of hearing the complainant stated that according to G.P.F rule he will get 50% of advance of G.P.F for addition and alteration of his dwelling house. There is no dispute between the parties that the complainant had applied for G.P.F part final non refundable amount. The O.P could not sanctioned the G.P.F amount as because the complainant  was dismissed from his service and sought for a clarification from the Collector and Dist, Magistrate Boudh.The O.P stated during the course of hearing that he had received a clarification that no advance will be admissible in his favour as he is not  with a position of a government servant but as per note  32 A of G.P.F rule  he is entitled to withdraw the entire amount.  The O.P admits that the order of dismissal has not yet been served to the complainant till today. As the order has not been served to the complainant he has been returned to the Dist. Magistrate and Collector, Boudh vide letter No.1946 dtd.29.6.2013 for further action. The O.P also filed  the copy of the office order of dismissal vide order No.626 dtd.12.6.2013.It seems from the order that the complainant  being convicted on criminal charge under Section 7 of Prevention of Corruption Act 1988 vide vigilance case No.  23/28.11.2006 by the Special Judge Berhampur .Basing on the conviction by the Special judge, the complainant has been dismissed from his service. The complainant has filed that CRLA No.394/2012 before the Hon’ble High Court which is still pending   against the order of the Special Judge, Berhampur.

             5.The point for determination is whether the complainant is entitled to get his non refundable G.P.F amount. There is no dispute between the parties that the complainant has a G.P.F Account and he had applied for withdrawal of 50% with G.P.F in proper Proforma.The complainant has filed his G.P.F slip .When the O.P could not take any steps for sanctioning of his G.P.F he had come to this forum for a direction to release his G.P.F amount .When the complainant applied for his G.P.F amount, the O.P then and there should disposed of  his application, but after filing of this case he had sought for a clarification.

         Taking into consideration of the case of the complainant and the O.P, we allow the case of the complainant in part and direct the O.P to release 50% GPF amounting Rs.2, 90,000/-(Rupees two lakhs ninety thousand) only (non refundable from his G.P.F account No.18092CDPO) within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P for realization of amount. This case is disposed of accordingly.

              Order pronounced in the open court under the seal and signature of the forum this the 30th day of May, 2015.

                               Member,                                       President,

             District Consumer Forum,             District Consumer Forum,

                              Boudh.                                            Boudh.