Dr. Rameshwar Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 3075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 7269 of 2022
 

 
Petitioner :- Dr. Rameshwar Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Anil Kumar Pandey, learned counsel for the petitioner, learned Standing counsel for the State respondent.

By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent no. 1, Principal Secretary, (Medical & Health Sercives), Government of U.P. Chikista Anubhag-2, Lucknow to grant provisional pension to the petitioner during the pendency of criminal inquiry as well as departmental inquiry.

Learned counsel for the petitioner submits that the petitioner retired from his services on 31.10.2021 after attaining the age of superannuation from the post of Deputy Chief Medical Officer Level-4, Deoria and against the petitioner criminal inquiry as well as departmental inquiry has been initiated in the year 2015 for the financial irregularities in National Rural Health Mission Scheem, for which, an FIR was registered as Case No. R.C.D.S.T.2012 A0001 u/s 120-B, 420, 468, 471 and 477 A of IPC & Section 13 (1) (D) read with 13 (2) of Prevention of Corruption Act, 1988 by C.B.I./S.T.F., New Delhi.

It is next submitted that the petitioner was suspended since 13.11.2014 and he is entitled for grant of provisional pension after his retirement. In support of his contention, he has placed reliance upon the Full Bench Judgment of this Court in Shivagopal & Ors Vs. State of U.P. & Ors reported in 2019 (5) ADJ 441 (FB) and submits that in view of the conclusion part of this judgment i.e. paragraph no. 78 (3), the petitioner is entitled for the provisional pension. Lastly, it is submitted that in this regard, he represented the matter before the Chief Medical Officer, Deoria vide representation dated 20.11.2021, which was forwarded by Chief Medical Officer, Deoria to Principal Secretary, (Medical & Health Services), Government of U.P. Chikista Anubhag-2, Lucknow, which remain pending till date.

Learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued by this Court to the authority concerned for deciding the same in time bound manner.

In the facts and circumstances of the case, direction is issued upon respondent no.1 to decide the representation of the petitioner dated 20.11.2021,which was forwarded by Chief Medical Officer, Deoria by speaking and reasoned order in accordance with law expeditiously, preferably within a period of three months in light of Shivagopal's Case (supra) from the date of production of a certified copy of this order.

With the above direction, the writ petition stands finally disposed of. No order as to costs.

Order Date :- 16.5.2022

Akbar