WPSS/1604/2024
2025 Latest Caselaw 6182 UK

Uttarakhand High Court

WPSS/1604/2024 on 12 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2025:UHC:11137
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/1604/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Shubhang Dobhal, Advocate for the petitioner.

2. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State/respondents.

3. Petitioner retired from the post of ANM from Health Department on 30.11.2022. Before her retirement, a charge-sheet was filed against petitioner under Section 23(3) & 25 of Pre- Conception & Pre-Natal Diagnostic Techniques Act, 1994 before Judicial Magistrate, Pithoragarh and petitioner was acquitted of the charge by the Judicial Magistrate, Pithoragarh, vide judgment dated 01.03.2023.

4. The retiral dues, including Gratuity payable to the petitioner has been withheld, on account of pendency of Appeal filed by the State Government.

5. This Court finds some substance in the submission made by learned counsel for the petitioner that after acquittal by the Trial Court, there is no material whatsoever available with the State Government to withhold payment of retiral dues. A Government servant, who has retired, cannot wait till disposal of the Appeal filed by the State against acquittal.

6. Having regard to the facts of the case, this Court thinks that ends of 2025:UHC:11137

justice would be met if petitioner is permitted to approach the competent authority by making a representation.

7. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation for release of his outstanding dues. If he makes such representation within two weeks from today, the Secretary, Medical Health shall take decision thereupon, as per law, within eight weeks thereafter. It shall be open to the petitioner to claim interest on delayed payment.

(Manoj Kumar Tiwari, J.) 12.12.2025 Navin Digitally signed by NAVEEN CHANDRA

NAVEEN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15,

CHANDRA postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2025.12.12 17:39:55 +05'30'