Dr. Jagannath Prasad Gautam S/O ... vs State Of U.P. Through Principal ...
2011 Latest Caselaw 1482 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- SERVICE BENCH No. - 1487 of 2008
 

 
Petitioner :- Dr. Jagannath Prasad Gautam S/O Ayodhya Prasad Gautam
 
Respondent :- State Of U.P. Through Principal Secretary Medical Education
 
Petitioner Counsel :- H.S. Jain
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Devi Prasad Singh,J.

Hon'ble S.C. Chaurasia,J.

Heard learned counsel for the parties and perused the record.

Submission of learned counsel for the petitioner is that the petitioner was earlier working as Typist/Clerk in the department of State Archives and later he was appointed on the post of Homeopathy Medical Officer.  Initially, the petitioner attained the age of superannuation on 30.6.2006.  Petitioner's pension has been calculated on the basis of service rendered on the post of clerk in the Archive Department.  However,  post retiral dues has not been paid as result of  recalculation and fixation of pension, gratuity and commutation of pension in pursuance of G.O. dated 9.7.2008 and 24.7.2008, copies of which have been filed as Anneuxres No. 3 and 3-A to the writ petition.  Further submission is that opposite parties have not considered the amount due towards bonus from 1986 to 1992, leave encashment from 1988 to 1998 and have not calculated pension counting the past service rendered by the petitioner in the Archive Department, to which the petitioner is entitled in view of Government Order (supra).  Learned counsel further submits that the petitioner is entitled for increment and other benefits alongwith interest in terms of Government Order (supra).

With regard to his grievance, the petitioner has already made a representation to the Principal Secretary, Medical Education Anubhag-4, Uttar Pradesh Shashan, Lucknow.

Principal Secretary, Medical Education Anubhag-4, Uttar Pradesh Shashan, Lucknow is directed to look into the matter and take a decision with regard to post retiral dues after taking into account the Government Order dated 9.7.2008 and 24.7.2008 by passing a speaking and reasoned order within a period of three months from the date of production of certified copy of this order.   The decision so taken shall be communicated to the petitioner.   Liberty is given to the petitioner to move fresh representation. 

Subject to above, the writ petition stands disposed of. 

Order Date :- 3.5.2011

Rizvi