SUDHA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioner, a member of Provincial Medical and Health Services, has preferred the instant writ petition feeling aggrieved with an order dated 3.5.2010 passed under Article 311 (2) read with Article 311 (3) of Constitution of India by the State Government dismissing her from service. The impugned order has been passed collectively against 42 Medical Officers with approval of the U.P. Public Service Commission. The petitioner's name stands at serial No.8 of the impugned order. The order reveals that the State Government took a decision to terminate services of 435 Medical Officers who are alleged to be absence from duty since long period and their whereabouts are not known to the department.

(2.) ACCORDING to petitioner's counsel, while working in District Hospital Ballia, the petitioner suffered with fatal accident on 5.1.2008 and in consequence thereof, her right leg was nailed causing physical infirmity to some extent. On account of physical disability to discharge duty and personal problem, the petitioner submitted an application dated 6.10.2008 for voluntary retirement under Fundamental Rule 56 of Financial Hand Book. Three months notice was given opting voluntary retirement from 7.1.2009 (expiry of three months statutory period).

(3.) ON 7.1.2009 after lapse of statutory period of three months, under Fundamental Rule 56 of Financial Handbook, she relinquished her Office and informed the authorities concerned. It appears that respondents have not communicated their decision in response to notice dated 6.10.2008 with regard to voluntary retirement within stipulated period of three months. Hence she preferred Writ Petition No.138 (S/B) of 2009 in this Court with the prayer that her application for voluntary retirement should be considered and decision be taken thereon within specified period.