Ashok Kumari Trivedi v. State Of U. P. Thru. Addl. Chief Secy. Medical And Health
2023-01-28
MANISH MATHUR
body2023
DigiLaw.ai
JUDGMENT : [Manish Mathur, J.] 1. Heard learned counsel for the petitioners and learned State Counsel appearing on behalf of opposite parties. 2. Present petition has been filed seeking direction to concerned authority for release of post-retiral benefits due to petitioner’s husband, Ram Chandra Trivedi and for grant of family pension as well. 3. Learned counsel for petitioners submits that petitioner’s husband was earlier employed on the post of Basic Health Worker initially on 17.06.1969 and after period of probation was regularized on the post on 01.04.1980 vide order dated 24.03.1980. It is submitted that subsequently he was severely depressed due to ill health and went missing on 14.12.2008 whereafter his whereabouts are not known. 4. Learned counsel for petitioners submits that in view of aforesaid facts, petitioners had filed a Writ Petition No.4054 (S/S) of 2017 seeking relief of release of postretiral benefits. The said petition was disposed of by means of order dated 30.04.2019 directing the Chief Medical Officer, District Barabanki to decide petitioners’ representation and to release post-retiral benefits and family pension. However, since the said order was not complied, petitioners had filed Contempt Application (Civil)No.736 of 2020 which was dismissed on the ground that petitioner’s husband had subsequently been transferred to Faizabad and all his service papers are at Faizabad and not in Barabanki and as such inference was drawn that it is the Chief Medical Officer, Faizabad who was required to adjudicate claim of petitioners. 5. Learned counsel for petitioners submits that as has been indicated in paragraph 5 of writ petition in pursuance of directions issued in contempt application, petitioners filed miscellaneous application for correction in Writ Petition No.4054 (S/S)of 2017 which has been disposed of granting liberty to petitioners to file a fresh petition arraying the Chief Medical Officer, Faizabad as an opposite party and in pursuance thereof, the present petition has been filed. 6. Upon consideration of submissions advanced by learned counsel for petitioners, it appear that order passed in the initial petition were directed against Chief Medical Officer, Barabanki whereafter in contempt proceedings, it was indicated by the alleged contemner that actual directions were required to be issued against Chief Medical Officer, Faizabad and not the officer at Barabanki. In pursuance of such submissions, the contempt petition was not pressed and liberty was granted by contempt court to approach the writ court by means of an appropriate application.
In pursuance of such submissions, the contempt petition was not pressed and liberty was granted by contempt court to approach the writ court by means of an appropriate application. It is in pursuance thereof, that present petition has been filed since liberty was granted for filing a fresh petition vide order passed in Correction Application moved in earlier petition. 7. In view of aforesaid and particularly the fact that only a Mandamus is being sought to the authority concerned for release of post-retiral benefits of petitioner’s husband and for grant of family pension, order dated 30.04.2019 passed in Writ Petition No.4054 (S/S) of 2017 is required to be reiterated in the present petition with a change of authority. 8. As such, the following directions are passed: "Heard learned counsel for the parties. By means of this writ petition, the petitioners have prayed for the following relief:- "Issue a writ, order or direction in the nature of mandamus directing the opposite party No.2 to release the retiral benefits of Ram Chandra Trivedi and the family pension of the petitioner No.1 as well." Learned counsel for the petitioners has submitted that petitioner No.1 is a widow lady and is running from pillar to post for getting retiral benefits of her husband and family pension. Since long time the petitioner No.1 has preferred couple of representations to the opposite party No.2, but no decision has been taken on the same. It is sorry state of affairs that any widow lady is running from pillar to post for getting retiral benefits of her husband and family pension by preferring representations, but no decision has been taken till date.
It is sorry state of affairs that any widow lady is running from pillar to post for getting retiral benefits of her husband and family pension by preferring representations, but no decision has been taken till date. Therefore, without entering into merits of the issue, the instant writ petition is disposed of finally permitting the petitioner No.1 to prefer a fresh representation to the Competent Authority i.e. Chief Medical Officer, District-Faizabad (Ayodhya) raising all pleas and grounds which are available to her enclosing therewith the copies of her earlier representations and other relevant documents, which are necessary for disposal of the representation, within a period of fifteen days from today and if any such representation is preferred by the petitioners to the Competent Authority within the aforesaid period, the same shall be considered and decided by the Competent Authority i.e. the Chief Medical Officer, District-Faizabad (Ayodhya) strictly in accordance with law by a speaking and reasoned order, and the Competent Authority shall release the retiral benefits and family pension to the petitioner No.1, if there is no legal impediment, with expedition preferably within a period of ten weeks from the date of presentation of representation along with a certified copy of this order." 9. In terms of aforesaid, the petition stands disposed of.