LEELAMMA NAIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner Smt. Leelamma Nair has filed this writ petition with the prayer for issuance of a writ, direction or order in the nature of mandamus commanding the opposite parties to release the amount of pension gratuity etc. and for payment of 18% interest for the period of delayed payment of pensionary benefits. She has also prayed for issuance of a writ, order or direction in the nature of certiorari to quash the impugned orders dated 7-9-1998, 16-9-1998, 16-10-1998 and 27-10-1998. contained in Annexures No. 11. 13, 14 and 15 respectively. She has further prayed for issuance of a writ, order or direction in the nature of mandamus to command the opposite parties to realise the arrears of rent and damages at the rate' which was being charged at the time of her superannuation from job or with a slight increase as the Hon'ble Court may direct in the circumstances of the case.

(2.) The case of the petitioner is that she joined the department of Medical and Health on 3-4-1964 against the post of Staff Nurse. On 2-2-1975, she was promoted to the post of Ward Sister. On 25-2-1984. she was further promoted as Tutor and was posted at the A.H.M. Dufferin Hospital, Kanpur where she was confirmed on the post of Ward Sister since 1-4-1984. On 11-3-1986, she was again promoted to the post of Tutor (Gezetted) and was posted at die I.M. Hospital, Varanasi. On 26-4-1995, she was lastly promoted as Matron and posted at the Mahila Hospital, Lucknow from where she superannuated on 30-6-1997. The career of the petitioner during 33 years of service was very good and no adverse remark was ever given to her. For the period from April, 1995 to June. 1995, the petitioner was paid House Rent Allowance at the rate of Rs. 400/per month as per her entitlement. On 16-6-1995 she was allotted residential quarter inside the Hospital Campus.

(3.) On superannuation, the petitioner relinquished her charge on 30-6-1997. After handing over charge to Smt. A.P. Ceasar, Sister in the Hospital, she obtained 'No Dues' certificate from all the sections concerned of the Hospital. On 1-9-1997, the opposite party No. 3 sent requisite documents to the Finance Controller of the Department of Medical, Health and Family Welfare for the grant of pension. The Additional Director, vied his letter dated 8-1-1998 addressed to opposite party No. 3 accorded sanction for payment of 90% of the General Provident Fund against her full term deposit. On 6-2-1998. the opposite party No. 3 recommended to-the Finance Controller of the Department of Medical, Health and Family Welfare for disbursement of amount of Traveling Allowance admissible to the petitioner after superannuation, to facilitate her to go back to her ultimate destination.