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2010 Supreme(All) 3498

PRADEEP KANT, RITU RAJ AWASTHI
KRISHNA PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K. Singh for the Petitioner; C.S.C. and Manish Kumar for the Respondents.

JUDGMENT

By the Court.—Notice on behalf of respondent Nos. 1, 2, 3 and 5 has been accepted by the learned Chief Standing Counsel and on behalf of respondent No. 4, by Sri Manish Kumar.

2. With the consent of the parties’ counsel, the petition is being disposed of finally at the admission stage.

3. Learned counsel for the petitioner submitted that the petitioner had retired from the post of Additional District Judge, District Balia in November, 1996. The petitioner has claimed reimbursement with respect to his medical claim of the year 2005. The petitioner went to place his papers in the office of the District Judge, Bahraich, where he is residing after retirement, but the District Judge has refused the same, saying that such a claim can be reimbursed only from the place, from where the petitioner has retired, i.e. District Balia.

4. Relevant Para-3 of the Government Order is quoted below:

“3. Sewanivrit sarkari sewak evam unke pariwar ke aashrit sadasya tatha mrit sarkari sewak ke pariwar pension hetu ahar sadasya ki chikitsa vyaya pratipurti se dave sambadhit karyalayadhayksha ko athva us karyalaya mein prastut kiye jayange, jahan se wah sewanivrit hue ho.”

5. Para-3 of the Governm









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