SHIV NARAIN CHAUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of present writ petition, petitioner prays for a writ, order or direction in the nature of mandamus commanding the respondents to pay the post retiral benefits with 12% interest to the petitioner.

(3.) The present writ petition had been entertained in the year 2002. It reveals from the record that the petitioner was appointed as Medical Officer in U.P. State Medical & Health Services and joined on the said post on 1.2.1959 and continued to work to the satisfaction of his superiors and later on was confirmed in the year 1961. The petitioner vide order dated 25.1.1974 had been promoted to the post of Senior Pathologist. It transpires from the record that due to some problem he had proceeded on leave and could not join the duty and due to his overstay, the respondents had not allowed him to join on the duty. Aggrieved with the such act of the respondents, the petitioner had filed claim petition no. 226 (II) of 1979 before the U.P. Public Service Tribunal-II Lucknow and the said claim petition was dismissed on 31.8.1981. Aggrieved by the said order dated 31.8.1981, the petitioner had filed writ petition no. 13936 of 1981. The said writ petition was partly allowed vide judgment and order dated 8.5.1998 quashing the order dated 31.8.1981 passed by the Tribunal. The Court while passing the order dated 8.5.1998 had observed as under: