A.K.ARORA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In the present GA the applicant has mainly sought for the following two reliefs: "a) quash the impugned action of the respondents whereby they have not issued the necessary notification of retirement of the applicant and paid all the due and admissible terminal and pensionary benefits, the impugned action being arbitrary, malafide and illegal. b) directed the respondents to issue necessary notification with respect to retirement of the applicant and pay to the applicant all the dues and admissible terminal and pensionary benefits alongwith interest @ 18% per annum from the due date till the date of payment of the dues: -

(2.) The applicant alleges to be aggrieved by the impugned action of the respondents whereby he has not paid retirement and terminal benefits till date despite the fact that the applicant has relinquished the office w.e.f. 1.8.2005 after having given three months notice on 2.5.2005 for premature retirement. It is also stated that the respondent department has issued notification of retirement in respect of all other similar situated doctors and also released their outstanding dues and the applicant is being discriminated arbitrarily and illegally.

(3.) The case of the applicant is that he joined service in the H.P. Health Services on 31.5.1980 at the age of 27 years as G.D.O. On.2.5.2005, the applicant has given three months notice for premature retirement owing to the circumstances stated in the said representation. The said representation was further forwarded by the office of Chief Medical Officer, Solan, on 7.5.2005 (A -2. It was categorically stated in the said letter that there is no vigilance/ legal inquiry pending against the applicant. The said representation was further forwarded by the Director of Health Services on 28.5.2005 to the respondent for favour of further necessary action.