G.K. Gakhar vs State of Madhya Pradesh

K.K. Trivedi, J.—The only grievance of the petitioner is that while setting aside the order of the premature retirement of the petitioner in terms of the decision rendered by this Court in an earlier writ petition filed by the petitioner, he has been posted in District Hospital, Alirajpur. It is contended that the petitioner was working on the post of Deputy Director in the directorate of Public Health and Family Welfare, Bhopal, when the order of superannuation was issued in his respect retiring the petitioner prematurely at the age of 60 years, whereas the petitioner was entitled to continue in the employment upto the age of 65 years. These aspects were considered by the Division Bench of this Court in a writ petition filed by one Dr. Kanti Lal Sahu and another and since the said writ petition was allowed, ultimately the writ petition filed by the petitioner also stood allowed by the Division Bench. Pursuance to the order passed by the Division Bench of this Court though the petitioner is reinstated in service, but has been posted away whereas the vacancies are still available in the directorate of Public Health and Family Welfare, Bhopal, where he could have been accommodated. This being so, a representation is made, but the same is not being considered, therefore the writ petition is required to be filed. The Division Bench of this Court while considering the grievance of the petitioner has categorically held that he will have to continue in the employment upto the age of 65 years and would not retire at the age of 60 or 62 years as the case may be. However, this Court has not expressed anything with respect to the place of posting after his reinstatement in service. Though all other benefits such as pay and allowances of the period of absence have been allowed. Now the petitioner has pointed out that his wife and son are gas affected persons and are taking treatment at Bhopal. He further stated that there are vacancies available in the directorate where he could have been allowed to join. These facts are required to be examined only and only by the respondent authorities and not by this Court, as the right to post a person is available with the employer and not with the Court.

This being so, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner and to decide the same within a period of 15 days from the date of receipt of certified copy of the order passed today.

The writ petition stands disposed of, with the aforesaid. Certified copy as per rules.