Court No. - 36
Case :- WRIT - A No. - 18994 of 2019 Petitioner :- Dr. Kedar Nath Ram Respondent :- State of U.P. and Another Counsel for Petitioner :- J.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri J.P. Singh, learned counsel for the petitioner and Shri J.S. Bundela, learned Standing Counsel for the respondents.
The petitioner is before this Court with request to issue direction to the respondent no.2, Director, Homeopathy, U.P. Lucknow to ensure payment of his retiral benefits including pension and other admissible dues like encashment of leave, travelling allowances and medical reimbursement etc. within some specified time.
Learned counsel for the petitioner states that the petitioner, serving as District Homeopathic Medical Officer, Azamgarh, was transferred to Bhadohi on 31.5.2018. The said transfer order was assailed by the petitioner by preferring Writ A No.15760 of 2018 (Dr. Kedar Nath Ram vs. State of UP and 2 others) and the same was disposed of by this Court on 26.7.2018, asking the competent authority to consider the claim of the petitioner. By the order dated 30.6.2019, the petitioner was again transferred from Ghazipur to Muzaffar Nagar. The said order has been assailed by the petitioner in Writ A No.10663 of 2019 on the ground that the petitioner was going to retire on 31st July, 2019 and at the fag end of his career he has been transferred ignoring the transfer policy while posting him during the last two years of his tenure. In the said writ petition, an interim order was passed on 18.7.2019 staying the transfer order dated 30.6.2019 insofar as it relates to the petitioner. In response of the interim order, the petitioner joined on 21.8.2018 and since then he had worked with utmost sincerity in the department. Finally, he retired after attaining the age of superannuation on 31.7.2019. Thereafter, a letter was served upon him on 26.7.2019 asking his explanation as to under what circumstances he was sanctioned earned leave and medical leave. So far as the show cause notice dated 26.7.2019 is concerned, the same has been duly responded by the petitioner through letter on 29.7.2019.
In this backdrop, learned counsel for the petitioner submits that so far as the earned leave and medical leave are concerned, the petitioner was entitled for the said leave and in case there was any inadvertent mistake the same was bonafide and the same is to be accepted by the authority. In the garb of the said show cause notice the payment of his entire retiral dues cannot be withheld.
The Court has proceeded to examine the record in question and finds that in response of the show cause notice dated 26.7.2019, the petitioner has already submitted his detailed response on 29.7.2019. The Court has also occasion to peruse the show cause notice and response furnished by the petitioner. The allegations are not in such nature wherein any punishment can be inflicted upon the petitioner after his retirement. More so the petitioner is entitled for the said relief.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.2, Director, Homeopathy, U.P. Lucknow to look into the grievance of the petitioner for payment of his entire retiral dues and redress the same in accordance with law within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 29.11.2019 RKP