ASHOK KUMARI TRIVEDI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned State Counsel appearing on behalf of opposite parties. Present petition has been filed seeking direction to concerned authority for release of post-retiral benefits due to petitioner's husband, Ram Chandra Trivedi and for grant of family pension as well.

(2.) Learned counsel for petitioners submits that petitioner's husband was earlier employed on the post of Basic Health Worker initially on 17/6/1969 and after period of probation was regularized on the post on 1/4/1980 vide order dtd. 24/3/1980. It is submitted that subsequently he was severely depressed due to ill health and went missing on 14/12/2008 whereafter his whereabouts are not known.

(3.) Learned counsel for petitioners submits that in view of aforesaid facts, petitioners had filed a Writ Petition No.4054 (S/S) of 2017 seeking relief of release of post- retiral benefits. The said petition was disposed of by means of order dtd. 30/4/2019 directing the Chief Medical Officer, District Barabanki to decide petitioners' representation and to release post-retiral benefits and family pension. However, since the said order was not complied, petitioners had filed Contempt Application (Civil)No.736 of 2020 which was dismissed on the ground that petitioner's husband had subsequently been transferred to Faizabad and all his service papers are at Faizabad and not in Barabanki and as such inference was drawn that it is the Chief Medical Officer, Faizabad who was required to adjudicate claim of petitioners.