LAWS(ALL)-2011-3-83

DHARAM BIR SINGH Vs. STATE OF U P

Decided On March 16, 2011
DHARAM BIR SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Vinod Sinha, learned Counsel for the Petitioner and learned Standing Counsel for the Respondents.

(2.) By this petition, the Petitioner has sought the following relief's:

(3.) The facts leading to the case are that the Petitioner was appointed as Anaesthetist in District Hospital, Bulandshahar, by order dated 23.3.1973 passed by the State Government. Thereafter vide order dated 20.6.1978 he was promoted and posted as In-charge Medical Officer, Chandaus District: Aligarh. Thereafter vide order dated 25.5.1979, he was transferred from Chandaus to District Hospital, Bulandshahar as Medical Officer. While working as Medical Officer in District Hospital, Bulandshahar he was transferred by order dated 16.8.1983 to District Bijnor, however, that order of transfer was stayed by authority consequently the Petitioner continued to work up to 28.2.1985 in District Hospital, Bulandshahar. It is stated that in the mean time, the wife and brother of the Petitioner became ill. The elder brother of the Petitioner was a cancer patient. In view of his personal difficulties, the Petitioner was unable to join in Bijnor after 28.2.1985. However, Senior Medical Superintendent, District Hospital, Bulandshahar vide order dated 28.8.1986 informed the Petitioner that he may join the new place of posting and it would not be possible to further stay the order of transfer. Thereafter, he went on 1.9.1986 to join at Bijnor but he was not permitted to join, consequently, an application was moved by the Petitioner requesting the Respondent No. 3 to post him anywhere else, but no order was passed by the Respondents in spite of requisite efforts made by the Petitioner. It is stated that in the mean time the Petitioner has attained the age of superannuation on 30.11.1999 and after his retirement he was paid his G.P.F. vide order dated 20.7.2007 passed by the Respondents. Thereafter treating the Petitioner as having been retired on 28.2.1985, the pension paper has been forwarded by the Respondent No. 3 to Respondent No. 2 vide letter dated 27.9.2007. In pursuance thereof, a letter has been written by the office of the Respondent No. 2 on 29.10.2007 to Respondent No. 3 to send the service record of the Petitioner for the purpose of approving his pension. In pursuant thereto a letter has been written by the Respondent No. 2 to Accountant General Office, Allahabad on 22.1.2008 for taking approval regarding payment of pension to the Petitioner from the office of competent authority. Thereafter a query was made by the office of Accountant General Office, Allahabad from the Respondent No. 3 vide letter dated 16.5.2008. It is stated that the Petitioner has also been informed by the Accounts Officer, Accountant General Office, Allahabad vide letter dated 1.9.2008 that department is treating the date of retirement of the Petitioner as on 28.2.1985 instead of 30.11.1999 and necessary action would be taken after receipt of the papers.