Court No. - 6
Case :- WRIT - A No. - 13615 of 2020 Petitioner :- Shobha Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendra Nath Singh,Sanjai Kumar Rai Counsel for Respondent :- C.S.C.,Rajnish Kumar Rai
Hon'ble Ajay Bhanot,J.
Heard Sri Shivendra Nath Singh, learned counsel for the petitioner, learned Standing Counsel for the State - respondents No.1, 2 and 4 and Sri Rajnish Kumar Rai, learned counsel for the respondent No.3.
The petitioner superannuated from service in the year 2019. The petitioner claims that the G.P.F. amount has not been disbursed to her. Her second grievance is that her salary was incorrectly fixed from 1996 till 2017. The petitioner claims that she has made a representation to the competent authority, namely, respondent No.4-Chief Medical Officer, Ghazipur, District-Ghazipur in this regard. The representation has not been decided till date.
The only prayer made by Sri Shivendra Nath Singh, learned counsel for the petitioner is that the representation may be decided within a stipulated period of time.
Per contra, learned Standing Counsel contends that the claim for correction of her salary is highly belated and barred by time.
Rejoining the issue Sri Shivendra Nath Singh, learned counsel for the petitioner contends that it is a recurring cause of action.
No useful purpose would be served by keeping the writ petition pending.
The matter has to be decided in the first instance by the competent authority as per law.
In view of the above, the matter is remitted to the respondent No.4-Chief Medical Officer, Ghazipur, District-Ghazipur.
A writ in the nature of mandamus is issued commanding the respondent No.4-Chief Medical Officer, Ghazipur, District-Ghazipur to execute the following directions:
1. The respondent No.4-Chief Medical Officer, Ghazipur, District-Ghazipur shall decide the representation of the petitioner dated 17.08.2020 for release of 10% G.P.F. amount as well as her claim for re-fixation of her salary and grant of consequential benefits within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.
The computer generated copy of such order shall be self attested by the petitioner (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
2. It is clarified that this Court has not gone into the merits of the claim of the petitioner. It is for the competent authority to do so in accordance with law after independent application of mind.
3. The issue of delay in regard to fixation of salary shall also be decided by the competent authority.
With the aforesaid directions, the writ petition is finally disposed of.
Order Date :- 8.1.2021 Ashish Tripathi