LAWS(HPH)-2023-8-77

VINAY PATYAL Vs. STATE OF HIMACHAL PRADESH

Decided On August 29, 2023
Vinay Patyal Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for the following substantive reliefs:

(2.) The petitioner has pre-maturely retired on 24/8/2021 as Medical Officer, Regional Hospital, Solan, District Solan, H.P. On his retirement, petitioner became entitled to pension as per the CCS (Pension) Rules, 1972, gratuity, leave encashment, GPF and benefits of Group Insurance. The petitioner preferred the instant petition on 8/4/2022 with a grievance that despite lapse of about eight months from the date of his retirement, his retiral benefits viz. pension, gratuity, leave encashment and group insurance etc. were not disbursed.

(3.) Respondents No. 1 to 3 filed their reply on 11/5/2022 and submitted that the pension case of the petitioner had been submitted to the office of the Accountant General, Himachal Pradesh (respondent No.4) by the Medical Superintendent, Regional Hospital, Solan on 2/5/2022. The time taken in submission of the pension case of petitioner w.e.f. 24/8/2021 till 2/5/2022 was sought to be justified on the grounds that the entries in the service book of petitioner were not complete for the periods 1/7/1998 to 21/9/1998, 1/1/2005 to 31/7/2005 and 26/9/2016 to 6/1/2017, when the petitioner was posted in District Chamba. The service book of petitioner had been sent to the Chief Medical Officer, Chamba and the Principal, Pandit JLNGMC, Chamba by the Medical Superintendent, Regional Hospital, Solan. It has also been stated that in the first instance the pension case of the petitioner was submitted on the basis of pre-revised scales and his pension case on the basis of revised scales would be again submitted in due course.