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Dr. Dharam Prakash vs State Of U.P. Thru. Addl.Chief ...

High Court Of Judicature at Allahabad|27 August, 2021

JUDGMENT / ORDER

1. Heard Sri Amol Kumar, learned counsel for the petitioner and Sri Raghvendra Kumar Singh, learned Advocate General of U.P. assisted by Sri Manjive Shukla, learned Additional Chief Standing Counsel for the State-respondents.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.04.2021, having reference No.138/S.N.P./M.I-007/024/011397 passed by the Joint Director Pension, Employees State Insurance Scheme, Labour and Medical Services, Meerut Mandal, Meerut by means of which the pension to the petitioners was stopped with immediate effect, contained as Annexure No.1 to the writ petition, as well as the office order dated 12.04.2021 having reference No.PENSION/ Dr. Dharam Prakash/ 2021/ 2276 issued by the Chief Medical Officer, Employees State Insurance Dispensary, Pasonda, Ghaziabad passed by the opposite part No.4, after calling the same from the respondents.
(II) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to release the pension to the petitioner, without any delay or interruption."
3. It has been informed at the bar that the present writ petition is connected with the writ petition bearing Writ Petition No.14287 (S/S) of 2021; Dr. Sushil Chandra Tiwari vs. State of U.P. & others being identical and similar except some differences regarding the date of appointment and date of regularization and the date of impugned order, however, legal submission is the same, therefore, the present writ petition may be decided in terms of judgment and order dated 27.08.2021 passed by this Court in re: Dr. Sushil Chandra Tiwari (supra).
4. Since this writ petition is having similar and identical controversy and this Court decided the writ petition of Dr. Sushil Chandra Tiwari (supra) finally vide judgment and order dated 27.08.2021, therefore, the present writ petition is decided in terms of the judgment and order being passed in the case of Dr. Sushil Chandra Tiwari (supra) and the benefit of that order is extended to the present petitioner.
5. Accordingly, the writ petition is allowed in terms of judgment and order rendered in Writ Petition No.14287 (S/S) of 2021; Dr. Sushil Chandra Tiwari vs. State of U.P. & others.
6. A writ in the nature of certiorari is issued quashing the orders dated 29.04.2021 passed by the Joint Director, Pension Employees State Insurance Scheme, Labourt and Medical Services, Meerut Mandal, Meerut, which is contained as Annexure No.1 to the writ petition and the order dated 12.04.2021 issued by the Chief Medical Officer, Employees State Insurance Dispensary, Pasonda, Ghaziabad, passed by the opposite party No.4. A writ in the nature of mandamus is also issued commanding the opposite parties to release the pension of the petitioner forthwith, preferably within a period of one month from the date of production of a certified/ computerized copy of this order, failing which, the petitioner shall be entitled for interest at the rate of 6% per annum.
7. No order as to costs.
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Title

Dr. Dharam Prakash vs State Of U.P. Thru. Addl.Chief ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 August, 2021
Judges
  • Rajesh Singh Chauhan