ASHOK KUMAR RANA Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri Sudhir Kumar, learned Counsel for the petitioner and Sri M. R. Jaiswal, learned Standing Counsel representing the respondents.

(2.) AFFIDAVITS have been exchanged between the parties and with the consent of the learned Counsel for the parties, the writ petition is being disposed of at the admission stage itself.

(3.) THE petitioner's case is that on 18-10-2002, he presented himself before the Chief Medical Officer and as per direction again completed the formalities for retiral benefits. THE Additional Director Pension vide letter dated 18-9-2002 wrote to the Chief Medical Officer, Pilibhit for his comments with regard to non- payment of pension to the petitioner. THE petitioner's wife wrote a letter to the Chief Medical Officer, Pilibhit on 5-10-2003, requesting for taking steps for payment of pensionery benefits to the petitioner. THE Additional Director, Medical Health and Family Welfare on 22-2-2003 directed the Chief Medical Officer, Pilibhit to ensure that petitioner gets all his retiral benefits without any further delay. THE Chief Medical Officer, Pilibhit wrote to the Chief Medical Officer, Meerut on 25-2-2003 asking documents available in office for preparation of service book. Chief Medical Officer, Meerut on 24-5-2003 wrote to Chief Medical Officer Pilibhit that since long time has passed, the pensionery benefits can be paid in accordance with Government Order dated 28-7-1989. When no progress was made with regard to payment of pension, the writ petition was filed by the petitioner on 29-8-2005 under Article 32 of the Constitution of India before the Apex Court.