Court No. - 38
Case :- WRIT - A No. - 14334 of 2019 Petitioner :- Bramhdev Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Goswami Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.9.2019:-
"Petitioner has superannuated on 31st December, 2018 from the post of Chief Pharmacist, District Hospital, Gorakhpur. His grievance is that though a period of more than eight months have expired, but none of his retiral benefits have been paid, although no justification exists for withholding of such amount.
Learned Standing Counsel may obtain instructions in the matter.
Post as fresh on 30.9.2019."
Learned Standing Counsel has obtained instructions from the Chief Superintendent, District Hospital, Gorakhpur, as per which petitioner has superannuated on 31st December, 2018 from the post of Chief Pharmacist. According to the instructions, the amount of leave enacashment has already been paid to the petitioner on 31st December, 2018. 90% GPF amount has also been credited to petitioner's account on 5.3.2019. So far as GIS is concerned, papers have already been forwarded on 12.9.2019. It is submitted that petitioner's claim for pension has also been forwarded to the concern treasury on 12.9.2019. It is stated that 10% balance GPF amount has been withheld as certain proceedings relating to handing over of charges are still awaited in respect of the year 2015.
In view of the stand taken by the respondents, it would be appropriate to dispose of this writ petition with the direction upon respondents to ensure release of amount towards GIS and pension within a period of three months from the date of presentation of certified copy of this order. Petitioner's claim for 10% withheld GPF amount would also be processed within the aforesaid period. Petitioner shall be at liberty to place before the authorities the Government Order dated 16.1.2007 and the same shall be taken note of by the authority concerned while taking a final decision in the matter.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 30.9.2019 Anil