AMIR ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties. Petitioner retired from the post of clerk from Government Unani Medical College, Allahabad previously known as Unani Medical College Allahabad. Under U.P. Indian Medical institutions (Acquisition and Misc. Provisions) Act, 1982, the institution in question was taken over by the State Government and its name was changed to Government Unani Medical College, Allahabad mentioned at serial number 4 in the schedule to the said Act and whereupon all the employees of the institution including the petitioner became Government employees.

(2.) Departmental proceedings were initiated against the petitioner and petitioner was suspended on 18.11.1996 charge-sheet was served on 22.11.1997. The allegation was of embezzlement. The petitioner filed a writ petition in the year 2002 wherein interim order was passed directing for concluding the inquiry within four months. The inquiry was not concluded within the said period and petitioner was provisionally reinstated on 13.5.2003 and was posted on post of Ayurvedic and Unani Clerk, Pratapgarh. The writ petition (No. 2606 of 2002) was finally disposed of on 20.12.2005 and it was directed that inquiry should be concluded within four months.

(3.) Petitioner retired on 31.1.2006. Petitioner applied for payment of provisional pension, however, he was paid provident fund and insurance amount, but according to para 17 of writ petition other retiral dues including pension were not paid.