- (1.) Heard learned Counsel for the parties.
(2.) The husband of the applicant was appointed as a Resident Medical Officer in Unani Medical College, Allahabad on 1.9.1957. He continuously worked as Resident Medical Officer for about 24 hours and 10 months till July, 1982 when the said College was provincialized and the State Government took over control of the College under U.P. Indian Medical Institutions (Acquisition and Miscellaneous Provisions) Act, 1982. Subsequently, he retired on 30.6.1993 while working as Resident Medical Officer at Allahabad. As his retiral benefits were not being paid, he preferred writ petition No. 346 of 1996 and despite several opportunities being granted to the opposite parties, no counter affidavit was filed, a Division Bench Court vide its order and judgment dated 10.4.1996 imposed Rs. 5,000/- as cost and further directed that his entire retiral benefits including pension and gratuity be released within a period of two months along with interest at the rate of 12% per annum from the date it became due till the date of payment. The said order was not complied forcing him to prefer Contempt Petition No. 172 of 1997. During the pendency of the said contempt application certain amounts were paid but pension was refused ignoring his services rendered prior to take over by the State Government and accordingly, they passed an order dated 25.10.2004. The said contempt petition was finally disposed off by the following relevant part of the order: Learned Counsel for the applicant has rightly contended that the State has erroneously considered his regularization under the 1979 Rules as amended in 2001 though his case ought to have been considered in view of U.P. Indian Medical Institution (Acquisition & Misc. Provisions) Act, 1982 by which the applicant was absorbed in the State service on the same terms and conditions under which he was working. However, in contempt jurisdiction, this Court cannot adjudicate upon this right of the applicant and in case he is aggrieved, he can approach the appropriate forum. In my opinion, the judgment and order of the writ court has been substantially complied with. Notices are discharged. Contempt Petition is rejected. Consigned to records.
(3.) As Dr. Usmani expired, his wife preferred Writ Petition No. 50978 of 2004 against the aforesaid stand of the State and another Division Bench of this Court through a reasoned judgment allowed the claim of the applicant holding that the period prior to take over should be taken into consideration for the purposes of pension and thereafter family pension and passed the following operative order allowing the writ petition on 27.10.2006: For the reasons stated above, the writ petition is allowed. We, however, direct that the respondents shall calculate the pension as per rules payable to late Dr. Hamdam Usmani and pay arrears thereof till the date of his death i.e. 30.7.2004 and thereafter pay family pension to the petitioner at the prescribed rates in accordance with the rules. Arrears shall be paid within a maximum period of three months from the date a certified copy of this order and produced before the respondents alongwith arrears of pension which became payable to Dr. Hamdam Usmani in his life time. The petitioner shall be paid family pension regularly thereafter in accordance with law. The petitioner will also be paid interest @ 7.5.% per annum on the arrears of pension and that of family pension within the same period. Costs easy.;