Dr. Dipti Agarwal vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62068
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7213 of 2023
 

 
Petitioner :- Dr. Dipti Agarwal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Services, Govt. U.P. Lucknow And Another
 
Counsel for Petitioner :- Amar Mani Tiwari,Pradeep Agrawal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed seeking a direction to opposite parties to pay entire salary and retiral benefits of petitioner alongwith interest. Further prayer for payment of Rs.25,00,000/-(Rs. twenty five lakhs) as an interim measure to make medical and living expenses alongwith exemplary costs has also been made.

3. It is submitted that earlier petitioner was dismissed from service vide order dated 29.06.2009 which was challenged before the State Public Services Tribunal, Lucknow in Claim Petition No.791 of 2012. The said claim petition was allowed by means of judgment and order dated 09.04.2014 directing that petitioner shall be deemed to have retired voluntarily on 28.03.2007 and would be entitled to her retiral benefits as per rules. It was directed that the judgment is to be complied with within a period of three months from the date of production of order.

4. It has been submitted that despite specific directions of Tribunal, compliance thereof has not been made and none of the benefits due to petitioner have been paid till date although no contempt petition has been filed by petitioner before the Tribunal.

5. Considering the fact that by means of judgment and order dated 09.04.2014, petitioner's claim petition has been allowed, it was incumbent upon opposite parties to have complied with the same. Dereliction by opposite party with regard to compliance of judicial orders cannot but be deprecated.

6. In view of aforesaid, the concerned opposite party shall ensure compliance of judgment passed by the Tribunal and for consideration of petitioner's claim as made in the present petition within a period of eight weeks from the date a certified copy of this order is produced before said authority, in case the said judgment has become final.

7. With the aforesaid observation, petition stands disposed of.

Order Date :- 26.9.2023

Subodh/-