Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 410 (HP)

ARUN KUMAR SHARMA v. STATE OF H. P.

2016-04-04

PREM KUMAR, V.K.SHARMA

body2016
JUDGMENT : 1. Short reply on behalf of respondents No.1 to 4 stands filed, which is taken on record subject to scrutiny by the Registry. Rejoinder is not intended to be filed. In the facts and circumstances, filing of reply on behalf of respondent No.5 is dispensed with. 2. On attaining the age of superannuation the applicant, a Medical Officer had retired from the service of State Health Department in February, 2014. However, owing to pending departmental action, his departmental benefits were not released. 3. Against the foregoing background, the applicant has approached this Tribunal with the following substantive prayers vide para 7(a) to (h): 7(a) "Quashing of the charge sheet dated 03.05.2012 Annexure A/7 which is kept pending unnecessarily even after the retirement of the applicant w.e.f. from 28.02.2014. (b) Release of arrears of pay for the medical leave periods i.e. 11.05.2011 to 05.07.2011. (c) Release of the salary for the months of December 2013, January & February 2014, which has been kept withheld without any reason. (d) Grant of annual increment w.e.f. 01.01.2014 and resultantly payment of arrears. (e) Grant of full amount of pension from 01.03.2014 instead of provisional pension. (f) Permitting the applicant to avail the facility of open medical reimbursement from the date 01.01.2002 and clearing of all the pending medical reimbursement bills and permitting the same facility to the applicant after his retirement from service. (g) Release of amount of DCRQ PF, leave encashment, commutation values of pension, amount of group insurance, reimbursement of Rs.26,430/- which the applicant has spent from his own pocket during his last year of service for the Rogi Kalyan Samiti etc. along with interest @ 12% per annum from the date due till the actual date of payment thereof. (h) Re-fixation of pay of the applicant after placing him in the next higher time scale w.e.f. 10.04.1988 on completion of eight years of service and payment of the arrears resulting therefrom." 4. In paras 3 and 4 of the short reply filed on behalf of respondents No.1 to 4, it is stated as under:- 3. (h) Re-fixation of pay of the applicant after placing him in the next higher time scale w.e.f. 10.04.1988 on completion of eight years of service and payment of the arrears resulting therefrom." 4. In paras 3 and 4 of the short reply filed on behalf of respondents No.1 to 4, it is stated as under:- 3. That it is further submitted that after taking into consideration the written statement of defence given by the applicant as also the fact that he has since retired from the Government service after attaining the age of superannuation on 28.02.2014, by taking a lenient view, the charge sheet/charges against the applicant has been dropped by the Government with further directions to release pending retiral benefits in his favour, vide order dated 05.03.2016. The said orders have further been endorsed by the office of the present replying respondent to the respondent No. 3, Chief Medical Officer Kangra at Dharamshala vide endorsement No. HF W-FI(1)B(3)28/88-2681 dated 15.03.2016 for information and necessary action with the request to release the retiral benefits to the applicant immediately by also recovering the outstanding amount, if any. The attested photocopy of the above order dated 05.03.2016, further endorsed on 15.03.2016 is placed on record as Annexure R-2/1 for kind perusal a of the Hon'ble Tribunal. 4. That it is submitted that in view of the submissions made in the paras of the reply above as also the order dated 05.03.2016, further endorsed on 15.03.2016, Annexure R-2/1, the grievance of the applicant stands already redressed and as such, there remains nothing to survive e in the present OA, which deserves to be dismissed in the interest of justice." 5. In view of the above reply and particularly the fact that charge sheet against the applicant has since withdrawn, there would be no impediment for settlement of his retiral benefits. 6. In view of the above reply and particularly the fact that charge sheet against the applicant has since withdrawn, there would be no impediment for settlement of his retiral benefits. 6. In view of the above, the original application is allowed with a direction to the respondents/competent authority to proceed further in the matter in accordance with rules/law and settle the pending claims of the applicant for due and admissible retiral benefits after making adjustment, if any, as expeditiously as possible, but in any case not later than 30th June, 2016 after affording of an opportunity of being heard to the applicant, if so desired, failing which interest at the rate of 6% per annum shall also be payable from the due date(s) till the date of actual payment. 7. It shall be the responsibility of the applicant to produce certified copy of this order before the said authority forthwith, but in any case not later than a week from today. 8. The original application stands disposed of in the above terms.