SUBHASH CHANDRA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was posted as a Medical Officer at Community Health Center, Sonbhadra. By an order dated 18.8.2008 the petitioner was transferred from Sonbhadra to Azamgarh. THE petitioner's case is that he suffered a road accident and he was hospitalized on 9.9.2008 at Apex Hospital, Varanasi and he submitted joining on 19.11.2008 at Sonbhadra. THE petitioner filed a Writ Petition No. 14302 of 2009 in which his grievance was that although he has joined at Sonbhadra on 19.11.2008 but he has not been paid salary and his representation dated 2.12.2008 made to the Chief Medical Officer, Sonbhadra is pending disposal. THE writ petition was disposed of with a direction to the respondent no.1 in that writ petition to pass appropriate order in accordance with law within two weeks. This order was passed on 18.3.2009. It appears that thereafter an order dated 25.3.2009 was passed by the Chief Medical Officer, Sonbhadra in which it has been stated that the Last Pay Certificate and G.P.F. Pass Book etc. has been sent to the Chief Medical Officer, Azamgarh regarding the dues of the petitioner and that the dues of the petitioner would be paid at the place of his transfer. THE petitioner has filed the present writ petition against this order of the Chief Medical Officer, Sonbhadra dated 25.3.2009. THE standing counsel was given time to obtain instructions. THE standing counsel on the basis of his instructions has produced before us a copy of the order dated 20.11.2008 of the Deputy Chief Medical Officer (Karmik), Sonbhadra that the petitioner may hand over the charge to Dr. S.P. Singh and that the petitioner may join his place of transfer and that the petitioner is being relieved. THE standing counsel states on the basis of the instructions that as the petitioner was not handing over charge he was relieved ex parte on 28.11.2008. A copy of the letter dated 28.11.2008 of the Deputy Chief Medical Officer, Sonbhadra has been produced before us. From these facts it is clear that the petitioner is required to join at the place of his transfer. As regard the dues of the petitioner the Deputy Chief Medical Officer, Sonbhadra has already passed an order that the Last Pay Certificate etc. are being forwarded to the place of transfer. THE petitioner will therefore be paid whatsoever dues he is entitled to at the place of his transfer. As regard the grievance of the petitioner that the representation of the petitioner regarding his dues has not yet been decided the leaned standing counsel concedes that no order has been passed by the State government upon the representation of the petitioner but indeed the grievance of the petitioner has been considered by the Chief Medical Officer in the order impugned itself and that the dues of the petitioner would be paid after the joining of the petitioner at Azamgarh. In view of the stand in the impugned letter of the Deputy Chief Medical Officer the respondents may after he joins at Azamgarh pay whatever dues the petitioner is entitled to. In case the petitioner disputes the quantum of the amount, which is paid to him it is open to him to seek his remedy in respect of the dues in accordance with law. No ground for interference in the order of the Deputy Chief Medical Officer, Sonbhadra has been made out. THE writ petition is disposed of.