Court No. - 53
Case :- WRIT - A No. - 13004 of 2019 Petitioner :- Anil Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
Heard Shri Amit Shukla, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.
This petition has been filed with the following prayers:-
"i. A writ, order or direction in the nature of writ of mandamus directing the respondent no. 2 to grant approval to release the service benefits of the petitioner as admitted by the respondent no. 4 vide its letter dated 15/16.07.2019.
ii. A writ, order or direction in the nature of writ of mandamus directing the respondent no. 2 to decide the representation submitted by the petitioner dated 01.02.2019 and to provide all the benefits accordingly."
The contention of the learned counsel for the petitioner is that certain disciplinary proceedings were initiated against the petitioner and after a punishment order dated 31.8.2006 was passed against him denying salary and withholding one increment with cumulative effect, a department appeal was filed which came to be rejected. These orders were challenged before the State Public Services Tribunal in Claim Petition No. 1692 of 2009 (Anil Verma Vs. The Principal Secretary, Medical Welfare and Health & Ors.) which came to be dismissed by an order of the Tribunal dated 18.4.2013. This order of the Tribunal was challenged before the Lucknow Bench of this Court in case being Service Bench No. 861 of 2013, which petition was allowed by the judgement dated 18.1.2019 and the order of the Tribunal and of the disciplinary authority were set aside. It was also observed that the petitioner would be entitled to consequential benefits. Thereafter, by means of an letter dated 15/16.7.2019, the District Leprosy Officer, Prayagraj sent a letter to the Chief Medical Officer, Prayagraj for granting approval of the outstanding dues payable to the petitioner.
This letter dated 15/16.7.2019 finds mention in the first prayer made in this petition has been issued only on 16.7.2019 and without waiting for a decision on the same, the petitioner has rushed to this Court.
However, considering the fact that the livelihood of the petitioner is affected due to non-payment of the consequential benefits as directed by the judgement of the writ Court dated 18.1.2019, it is directed that in case the petitioner moves an application before the respondent no. 2 within 10 days from today enclosing all the relevant record, the same shall be considered by the competent authority and a decision be taken thereon in accordance with law expeditiously and preferably within four months from the date of filing of a certified copy of this order before him.
With the aforesaid observation, this petition is disposed of.
Order Date :- 22.8.2019 A. V. Singh (Jayant Banerji, J.)