- (1.) The petitioner after being selected through U.P. Public Service Commission against the post of Medical Officer in Public, Medical and Heath Services (hereinafter referred to as the "PMHS"), was appointed as "Women Medical Officer" vide letter of appointment dated 09.11.1999. She was posted at Primary Health Center, Dalmau, District Rai Bareilly where she joined on 21.02.1991. She was transferred to Silver Jubilee Maternity Home,Lucknow, where she joined on 14.07.1992 and thereafter continued to work thereat. While working at Lucknow she fell ill and proceeded on casual leave on 12.09.2002. She actually suffered cervical disc prolapse and was under treatment of Dr. Sanjay Jha, Neurophysiology in the Department of Neurology, Sanjay Gandhi Post Graduate Institution, Lucknow. Since her illness continued, she applied for medical leave w.e.f. 16.09.2002. Competent authority, however, compelled the petitioner to join her duty on 30.12.2002 and thereafter she was transferred to Hardoi, in public interest, vide transfer order dated 17.06.2003. On 22.06.2005 petitioner submitted her joining in the office of Chief Medical Officer but since her ailment had continued, she proceeded on leave on medical ground w.e.f. 23.06.2005. It is alleged that petitioner went to join her duty from Lucknow to Hardoi by Car and during road travel her ailment of cervical disc prolapse revived causing petitioner bed ridden and hence she proceeded on leave on medical ground. Thereafter she continued to send applications seeking leave on medical ground but was not communicated any decision by competent authority. Ultimately, she submitted application seeking retirement voluntarily on 07.12.2006 under Fundamental Rule 56, since she had completed minimum required service, and, was eligible therefor. Neither any decision was taken in respect of her leave applications nor on application dated 07.12.2006 seeking retirement voluntarily, compelling petitioner to file Writ Petition No. 1785(SB) of 2008 (renumbered as W.P. No. 34289 of 2015) (hereinafter referred to as "First Petition") seeking a mandamus to respondents to accept her voluntary retirement application. Prayer in this writ petition reads as under: "a. ISSUE, a writ order or direction in the nature of MANDAMUS commanding the respondents to accept the voluntary retirement application of the petitioner and grant her voluntary retirement w.e.f. 01.07.2005 and further command them to settle the dues of the petitioner including the terminal dues, salary and medical claims and also fix her pension as admissible under Rules along with interest at the rate of 18% per annum as the Authorities are to blame themselves for such a long delay in taking the decision in the matter."
(2.) The petitioner in the meantime also sent application, requesting respondents to settle her outstanding dues towards unpaid salary and other terminal dues, like medical reimbursement etc. Instead of taking any action on petitioner's applications, respondents initiated disciplinary inquiry vide office memo dated 27.02.2009. Thereafter it appears that dispensing with disciplinary inquiry the State Government in purported exercise of power under Article 311(2) and (3) passed an order dated 03.05.2010 dismissing/removing petitioner alongwith 41 other women Medical Officers, on the ground of their continuous and long absence, dispensing disciplinary inquiry. It is also interesting to note that inquiry report was submitted on 10/11.11.2010 by Inquiry Officer pursuant to disciplinary inquiry initiated upon letter dated 17.03.2009 of Additional Director, Health to C.M.O., Hardoi. Even before submission of inquiry report, petitioner was dismissed/removed from service, vide order dated 03.05.2010, by dispensing with disciplinary inquiry. Consequently, the application of petitioner seeking voluntary retirement was rejected vide order dated 10.05.2011, which has been challenged in the W.P. No. 34284/2015 (hereinafter referred to as "Second Petition").
(3.) In the Second Petition, the petitioner has prayed for following reliefs:- "a. ISSUE a writ, order or direction in the nature of CERTIORARI quashing the impugned uncommunicated termination order said to be dated 03.05.2010 and also the impugned order dated 10.05.2011 as contained in Annexure No.1. b. ISSUE a writ, order or direction in the nature of MANDAMUS commanding the respondent No.2 to sanction/consider the leave application of the petitioner and then grant Voluntary Retirement to the petitioner with effect from 01.07.2005 and settle her terminal dues and salary etc., in accordance with law without any further delay along with interest at the rate of 18% per annum.";