The instant writ petition has been filed for quashing of the order dated 16.06.2010 passed by chief Medical Officer, Sultanpur. It is also prayed that the respondents may be directed to pay all retiral dues of husband of petitioner i.e. G.I.C., Link Insurance as well as family pension.
Learned counsel for the petitioner submitted that the impugned order dated 16.06.2010 has been passed by C.M.O. Sultanpur on wrong facts and he has pointed out two paras of the impugned order, which is quoted below:
ÞmijksDr rF;ksa ,oa ifjfLFkfr;ksa rFkk i=koyh esa miyC/k vfHkys[kksa ds vk/kkj ij ;kph ds ifr dk LoSfPNd lsokfuo`Rr izkFkZuk fnukad 16-3-06 ;kph ds ifr us ek0 loksZPp U;k;ky; dk vfUre QSlyk fnukad 22-3-2006 dks gksus] rFkk vthou dkjkokj dh iqf"V gksus ds ckn cSd MsV esa v/kksgLrk{kjh ds dk;kZy; esa fnukad 05-04-06 dks izkIr djk;k Fkk] rFkk xyr 'kiFk i= izLrqr fd;k] mlesa Hkh ek0 loksZPp U;k;ky; ds fu.kZ; dh ftdZ ugha fd;k bl fy, mi;qZDr mfYyf[kr fof/kd O;oLFkk foRrh; fu;e laxzg ds fu;e 56&52 ds vuqlkj LoSfPNd lsokfuo`Rr izkFkZuk i= dh uksfVl rhu ekg iwoZ nsuk pkfg, Fkk] rFkk mRrj izns'k jkT; deZpkjh ¼vuq'kklu ,oa vihy½ fu;ekoyh ds vuqlkj ;kph dh lsok,a ek0 loksZPp U;k;ky; ds fu.kZ; fnukad 22-03-06 }kjk nks"kh djkj fn;s tkus dh frfFk ls gh lsok lekIr ekuh tk;sxhA bl fy, v/kksgLrk{kjh ds vkns'k fnukad 28-08-07 ds }kjk fnukad 18-05-06 ls ;kph ds ifr ds lsokvksa dks lekIr djrs gq, LoSPNk fuo`Rr izkFkZuk i= fnukad 16-03-06 dks fujLr dj fn;k x;k mDr vkns'k dks v/kh{kd lkeq0 Lok0 dsUnz Hkknj ds ek/;e ls ;kph dks voxr Hkh djk fn;k x;kA ;kph ds ifr ds ns;dks esa ls psd la0 [email protected]@855839 fnukad 24-02-08 ds }kjk vo'ks"k vodk'k udnhdj.k dh /kujkf'k :0 103194-00 rFkk th0ih0,Q0 100 izfr'kr Hkqxrku psd la0 [email protected] ekscfyd :0 121336-00 ,fj;j [email protected] ls 31-12-95 rd psd la-&380183 fnukad 15-02-2010 ekscfyd :0 50851-00 dk Hkqxrku dj fn;k x;k gS] ftldks ;kph us lg"kZ Lohdkj dj fy;k gS bl rjg ls ns;dksa dk leLr Hkqxrku dj fn;k x;k gSA ikfjokfjd isU'ku rFkk xzsP;qVh dk ykHk ;kph dks mijksDr rF;ksa ,oa ifjfLFkfr;ksa rFkk fof/kd O;oLFkk ds vuqlkj ns; ugha gSA ;kph blds ykHk ikus ds vf/kdkj.kh ugha gSA rnuqlkj ;kph dk izR;kosnu fujLr fd;k tkrk gSA vkns'k dh ,d izfr ;kph dks izkIr dj fn;k tk;sA eq[; fpfdRlk vf/kdkjh lqYrkuiqjß Learned counsel for the petitioner submitted that the husband of the petitioner has applied for voluntary retirement on 16.03.2006 which is Annexure-3 to the writ petition. On receipt of the said representation, the office of the Superintendent, Community Health Centre, Bhadar, Sultanpur has wrote a letter on 28.04.2006 to the petitioner for submitting certain documents. In pursuance of the said letter, petitioner submitted an affidavit dated 1.5.2006. He further submitted that the Superintendent, Community Health Centre, Bhadar, Sultanpur has written a letter to the Chief Medical Officer, Sultanpur regarding information which were sought by the office of C.M.O. regarding petitioner that whether any departmental inquiry is pending against him. In reply the Superintendent, Community Health Centre, Bhadar, Sultanpur has submitted that there is no inquiry and no dues is pending against the petitioner, therefore, these documents establish that the reasons assigned for rejecting the representation of the petitioner vide order dated 16.06.2010 is entirely contrary to the facts, hence the impugned order deserves to be quashed.
Per contra learned Standing Counsel appearing on behalf of the State-respondents submitted that since the petitioner has been convicted by the Supreme Court vide order dated 22.3.2006 and therefore he has automatically been treated as dismissed from the date of the order of conviction as the application for V.R.S. has been given by the petitioner ante dated and after the confirmation of the conviction of the petitioner by the Supreme Court, hence he is not entitled for any benefit as prayed in the writ petition. He has also pointed out that as per Rule 56(c) of the Financial Hand Book any application regarding V.R.S. may be submitted prior to the notice period that should be three months. He also submitted that the impugned order dated 16.06.2010 was passed after considering entirety of the matter and rightly rejected the representation while passing the impugned order.
Heard and perused the record.
Learned counsel for the petitioner after arguing the matter at some length has prayed that without entering into the merits of the case, he may be allowed to submit fresh representation to opposite party no.4 stating therein all the facts which are stated in the writ petition and he also prayed that the same may be directed to be decided expeditiously after considering the facts which are contended in the writ petition as stated above.
Learned Standing Counsel has no objection in case the representation of the petitioner may be directed to be decided by the opposite party no.4 expeditiously.
In view of above, without entering into the merits of the case, the petitioner is directed to submit a fresh and detailed representation to the opposite party no.4 within a period of two weeks and if such a representation is made, the opposite party no.4 shall consider and decide the same ignoring the impugned order dated 16.06.2010 after considering the entire facts of the case, in accordance with law, within three months from the date of receipt of the representation along with certified copy of this order.
Accordingly, the writ petition is disposed of.
Order Date :- 27.8.2019 Prajapati