SATYA NARAIN TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner in this writ petition is seeking quashing of the order dated 18.5.2012 and 19.5.2012 whereby his claim for payment for arrears of salary, gratuity, pension and G.P.F. has been rejected as not admissible in view of the provisions of Rule 18 of U.P. Financial Hand Book, Volume 2, Part 2.

(2.) The impugned order dated 19.5.2012 mentions that G.P.F. was never deducted from the salary of the petitioner, therefore, payment of the same does not arise. In the impugned order dated 18.5.2012 all that has been stated is that a decision for payment of arrears of salary, pension, gratuity and G.P.F. has to be taken by the District Development Officer, Gorakhpur. It is in pursuance thereof that the District Development Officer, Gorakhpur has passed the second impugned order dated 19.5.2012 already referred to above.

(3.) Briefly stated the facts of the case are that the petitioner is stated to have been selected by the Selection Committee on the post of Village Level Worker in 1958-59 (now re-designated as Gram Vikas Adhikari) and was appointed in the year 1960 and joined his service on 14.10.1960. In September, 1979 while he was posted in the Development Block Bhathat, District Gorakhpur, he fell ill and took four days casual leave vide application dated 21.9.1979. After leaving Head Quarter at the development block Bhathat he fell seriously ill and he was diagnosed with Tuberculosis. He is stated to have informed the B.D.O., Bhathat about his illness and thereafter underwent a prolonged treatment till 1984 and he was ultimately declared medically fit in 1984 and submitted his joining report on 25.9.1984 to the Chief Development Officer, Gorakhpur but his joining was not accepted on the ground that he had joined his duty after a lapse of five and four days. It is also stated that no order of termination was passed and on 31.7.1993 the petitioner attained the age of superannuation. Now his claim is for arrears of salary, pension, gratuity, G.P.F. etc.