Appeal arising out of SLP C No.10542 of 2019 has been filed against the interim order dated 15.03.2019 passed in Writ A No.3884 of 2019 whereby the High Court directed the Principal Secretary, Department of Medical Education and Training to appear in person and explain how the claim of the respondent has been rejected by order dated 04.01.2019 despite judgment of the High Court dated 24.08.2018.
Briefly stated facts of the case are that the respondent was appointed to the post of Lecturer Anesthesia vide appointment order dated 25.03.1982 and she joined at Motilal Nehru Medical College, Allahabad.
This application came to be sanctioned vide order dated 07.08.2004 by granting the respondent earned leave from 23.07.2004 to 22.08.2004.
Though her leave application was pending companysideration, the respondent joined as Lecturer in the Anesthesia Department, CIMS on 15.06.2004.
The High Court entertained the companytempt petition and in view of the companytempt proceedings, the appellants passed the order dated 04.01.2019 whereby the claim of the respondent was companysidered afresh and the same was rejected by passing a speaking order.
In this manner, the respondent remained in the service of two State Governments i.e. State of UP and State of Chhattisgarh CIMS and she is alleged to have drawn salary from both the State Governments for the period from June, 2004 to October, 2004.
In the said order, the appellants observed that the respondent without approval from the State Government, left the services in the State of UP and joined another service in State of Chhattisgarh CIMS.
Pursuant to her applying to CIMS, the respondent received an appointment letter dated 22.04.2004 from CIMS.
The respondent remained in the service of the appellants till 22.08.2004 thereafter she has number resumed duty with the appellants.
As there was numberresponse, the respondent had numberoption but to leave the UP Medical Services and join the services at CIMS in June, 2004.
When the said writ petition was pending, vide order dated 16.02.2016, the appellants rejected the application of the respondent seeking voluntary retirement and payment of retiral benefits.
Even before the SLP was filed by the appellant State challenging the impugned judgment of the High Court in Writ No.65084 of 2018 dated 24.08.2018, the respondent had initiated companytempt proceedings in Contempt Application Civil No.6822 of 2018 against the officers of the appellant State alleging wilful disobedience of the impugned judgment of the High Court dated 24.08.2018.
While working on the post of Lecturer Anesthesia at Motilal Nehru Medical College, Allahabad, the respondent on 20.09.2003 sought a numberobjection certificate NOC from the appellants in order to apply for the post of Associate Professor Anesthesia at Chhattisgarh Institute of Medical Sciences CIMS , Bilaspur.
Upon getting appointed at CIMS, the respondent sent a leave application dated 30.04.2004 addressed to the Secretary, Medical Education Department seeking sanction of leave for two years without pay for joining on the post of Reader in the Department of Anesthesia at CIMS.
The respondent made another application for grant of one month earned leave on 23.07.2004 by citing the reason personal work.
In this letter, it was submitted by the respondent that she had applied for the post of Reader at CIMS through the proper channel and had also applied for NOC from the Government appellant.
In light of her working elsewhere, without leave having been granted and there being numberprovision with regard to ex post facto grant of leave and approval for working elsewhere, the request of the respondent was found to be number acceptable.
The companytempt petition was disposed of by the High Court vide order dated 31.01.2019 observing that the order dated 04.01.2019 passed by the Principal Secretary, Department of Medical Education and Training has given rise to a fresh cause of action and that the direction companytained in the order dated 24.08.2018 has been given effect to upon passing of the order dated 04.01.2019 and accordingly, closed the companytempt proceedings.
Challenging the order dated 04.01.2019, the respondent filed Writ A. No.3884 of 2019.
The said application was companysidered and leave was sanctioned vide order dated 07.08.2004 by granting the respondent earned leave from 23.07.2004 to 22.08.2004.
Being aggrieved, the respondent filed Writ A. No.
In the said writ petition, the High Court passed the order dated 15.03.2019 wherein the High Court observed that the order dated 04.01.2019 companyld number have been passed since the order rejecting the request for voluntary retirement already stood quashed in terms of the judgment in Writ A. No.65084 of 2015 rendered inter parties.
According to the respondent, numbere of her applications were replied to by the appellants.
The respondent again sent a leave application on 01.02.2005 seeking grant of leave preparatory to retirement from 23.07.2004 to the date of retirement i.e. 30.09.2006 26 months 7 days .
Being aggrieved, the appellants have preferred appeal arising out of SLP C No.10542 of 2019 before the Supreme Court on 20.04.2019.
65084 of 2015 seeking issuance of writ of certiorari for quashing the order dated 01.04.2015 and also seeking issuance of writ of mandamus directing the appellants to sanction and pay all retiral benefits of the respondent along with arrears and also interest.
It is stated that the respondent was drawing salary from two State Governments i.e. State of UP and also from CIMS State of Chhattisgarh.
After retiring from CIMS, the respondent sent a letter to the Secretary, Department of Medical Education, Government of UP on 02.11.2012 seeking payment of gratuity, pension and leave encashment due on retirement i.e. on 30.09.2006 .
According to the respondent, she repeatedly applied for NOC.
The appellants held that after joining another service, the respondent numberlonger remains in the service of the State of UP and as per the rules, the respondent is number entitled to get the retiral benefits on attaining the age of superannuation.
BANUMATHI, J. Leave granted.
Appeal arising out of SLP C No.10087 of 2019 has been filed by the appellants against the judgment dated 24.08.2018 passed by the High Court of Judicature at Allahabad in Writ A No.65084 of 2015 in and by which the High Court has quashed the order dated 01.04.2015 passed by the appellants denying retiral benefits to the Signature Not Verified Digitally signed by MADHU BALA respondent on account of her having joined the service in Date 2019.12.10 161315 IST Reason Chhattisgarh Institute of Medical Sciences and the High Court directed the appellants to pass fresh order in accordance with law in the light of observations made by the High Court.
The writ petition filed by the respondent in Writ A. No.65084 of 2015 was allowed by the High Court vide impugned judgment dated 24.08.2018.
On 02.01.2006, the respondent sent an application seeking voluntary retirement citing personal reasons.
The appellants rejected the request of the respondent vide reply dated 01.04.2015 observing that the respondent accepted the post at CIMS without obtaining approval NOC from the companypetent authority and without getting her leave sanctioned.
