High Court of Judicature at Allahabad
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Radhey Shyam Upadhyay v. State Of U.P. Thru' Secy. Govt. Of Up & Others - WRIT - A No. 32211 of 2002  RD-AH 2878 (21 February 2007)
Hon'ble Ran Vijai Singh,J.
The petitioner's initial appointment was made in the year 1971 as Basic Health Worker. Thereafter he has been sent on deputation under Panchayat Raj Department as multi purpose employee. While working under Panchayat Raj Department, he was suspended on 19.5.2000 under contemplation of enquiry. The Chief Medical Officer, Mathura has passed an order to the effect that if the petitioner deposits Rs. 35,537/- in advance he be permitted to join. Through this order his three future increments have also been stopped.
A Counter affidavit has been filed by learned Standing Counsel in which it is stated that the same offence F.I.R. has also been lodged against the petitioner. However, he has not disputed the factum of the order dated 19.5.2000.
Today learned counsel for the petitioner has submitted before the Court that she wants to withdraw the writ petition with the liberty to move an application for joining without challenging the impugned order dated 19.5.2000. She further submits that since the petitioner has not been able to join after 2000 and he is under financial crunch, therefore, the amount of Rs.34,537/- may be taken in instalments.
I have heard learned counsel for the petitioner and learned standing counsel for the state respondents.
Considering the facts and circumstances of the case, since the petitioner is out of employment for the year 2000. It is provided that if the petitioner moves an application for joining with Rs.5000/-. He may be permitted by the Chief Medical Officer, Mathura to join and after his joining the rest amounts may be taken in easy instalment for that purpose he may moved an application before the Competent authority i.e. Chief Medical Officer who shall fix the appropriate instalment for deduction of amount from the petitioner's salary.
With this observation, the writ petition is dismissed.
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