- (1.) ASHOK Bhushan, J. Heard Sri Sudhir Kumar, learned Counsel for the petitioner and Sri M. R. Jaiswal, learned Standing Counsel representing the respondents.
(2.) AFFIDAVITS have been exchanged between the parties and with the consent of the learned Counsel for the parties, the writ petition is being disposed of at the admission stage itself. The petitioner filed writ petition under Article 32 of the Constitution of India before the Apex Court claiming arrears of salary and pension alongwith interest at the rate of 12% per annum since the date of his retirement i. e. 31-12-1997. The Apex Court disposed of the writ petition filed under Article 32 of the Constitution of India vide order dated 16-9- 2005, by which order the writ petition filed by the petitioner was transmitted to this Court to be registered as writ petition under Article 226 of the Constitution of India. This writ petition has been registered accordingly. The Apex Court, while disposing of the writ petition, desired the High Court to dispose of the writ petition within six months but in view of the fact that the State could file its supplementary counter-affidavit dated 30-7-2007 only after passing of the order by this Court on 11-7-2007, directing the filing of the supplementary counter- affidavit by 31-7- 2007 failing which Chief Medical Officer was directed to appear in person and after filing of the supplementary counter-affidavit, time was allowed to the petitioner to file supplementary rejoinder affidavit, which was filed by the petitioner on 1-9-2007 the writ petition could be heard on 7-9-2007 and is being disposed of by this order. Brief facts necessary for deciding the writ petition are that the petitioner joined the Health Department of the State of U. P. On 20-6-1964 as Food Inspector at District Meerut and was regularised w. e. f. 4-4-1975. In the seniority list issued by the Department from time to time, the petitioner's name was shown alongwith his posting. During the tenure of service, the petitioner worked in different Districts of State of U. P. Including Meerut, Ghaziabad, Budaun, Sitapur, Moradabad and Pilibhit. The Chief Medical Officer, Pilibhit passed an order on 9-12-1997, intimating that petitioner after attaining the age of superannuation shall retire on 31-12-1997. The petitioner was relieved on 31-12-1997 on attaining the age of superannuation. The petitioner after retirement represented for payment of his balance salary and pension. He claimed to have written a letter to the Chief Medical Officer in the year 1998. The Chief Medical Officer wrote a letter dated 9-9-2002 to the petitioner that he should complete his service book and submit combined photographs of his wife so that pension papers could be prepared.
(3.) THE petitioner's case is that on 18-10-2002, he presented himself before the Chief Medical Officer and as per direction again completed the formalities for retiral benefits. THE Additional Director Pension vide letter dated 18-9-2002 wrote to the Chief Medical Officer, Pilibhit for his comments with regard to non- payment of pension to the petitioner. THE petitioner's wife wrote a letter to the Chief Medical Officer, Pilibhit on 5-10-2003, requesting for taking steps for payment of pensionery benefits to the petitioner. THE Additional Director, Medical Health and Family Welfare on 22-2-2003 directed the Chief Medical Officer, Pilibhit to ensure that petitioner gets all his retiral benefits without any further delay. THE Chief Medical Officer, Pilibhit wrote to the Chief Medical Officer, Meerut on 25-2-2003 asking documents available in office for preparation of service book. Chief Medical Officer, Meerut on 24-5-2003 wrote to Chief Medical Officer Pilibhit that since long time has passed, the pensionery benefits can be paid in accordance with Government Order dated 28-7-1989. When no progress was made with regard to payment of pension, the writ petition was filed by the petitioner on 29-8-2005 under Article 32 of the Constitution of India before the Apex Court. A counter-affidavit came to be filed in this writ petition sworn on 2-3-2006 by one Dr. Desh Bandhu, District Administrative Officer, Pilibhit. In the counter-affidavit, it has been admitted that the petitioner retired w. e. f. 31-12-1997 from District Pilibhit. It has been mentioned that prior to retirement, the petitioner gave a certificate showing his date of birth as 1-1- 1941, which was got verified and Principal of the Government Inter College, Hastinapur, Meerut informed that date of birth of petitioner was 1-1- 1940. The petitioner was retired on 31-12-1997 treating his date of birth as 1-1-1940. It has been stated in the counter-affidavit that service record of the petitioner has not yet been received. It has been further stated that although the petitioner stated that he was first appointed at Meerut but from perusal of the service book of the petitioner, it is clear that the seal which was there on the first page, is not in accordance with the seal of that time and signature of Dr. S. N. Dutta are not similar to signatures of Dr. Dutta available in the records. It has been stated that it is open for the petitioner to approach the UP. Public Service Tribunal with regard to his grievances. It has been further stated that no documents from the office of the Chief Medical Officer, Sitapur has been received. On 29-12-2004, the petitioner was transferred from Moradabad and jointed at Pilibhit. The letters of the Chief Medical Officer, Meerut and Chief Medical Officer, Moradabad dated 15-12-1997 and 11-12-1997 have been referred to. It has been stated in paragraph 6 of the counter-affidavit that it appears that the petitioner has served in the department on the basis of forged appointment letter and his services records are not available. It has been mentioned that letters written by Chief Medical Officer, Pilibhit for obtaining the service record of the petitioner has not yet been received hence till the service record of the petitioner are completed, it is not possible to pay pension to the petitioner It has been stated that Chief Medical Officer. Moradabad has informed that entries in the service book of the petitioner are forged. The Chief Medical Officer, Sitapur has informed that no person with the name of A. K. Rana has ever worked in District Sitapur as Food Inspector. Copy of the letter dated 30-7-1997 written by Chief Medical Officer, Sitapur to Chief Medical Officer, Pilibhit has been filed as Annexure CA-6, which mentions that no person with the name of A. K. Rana has ever worked in the district as Food Inspector hence, it is not possible to make available his service record. It has been stated that although letter was received from Additional Director Medical Health but Chief Medical Officer of various districts have not provided the service records of the petitioner rather Chief Medical Officer, Sitapur has informed that no such official had worked in the district hence, it is not justifiable to make payment of pension.;