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Judgment
The petitioner had retired on 30.04.2025 from the post of Chief Pharmacy Officer from B.D. Pandey District Hospital, Nainital. So far his retiral benefits have not been paid to him, therefore, the present writ petition has been filed praying for a writ of mandamus commanding the respondents to calculate and forthwith release his retiral dues.
It is an admitted fact that the petitioner while in service had undertaken the course of B.D.S., and, therefore, was absent from his duty for a period of 1573 days.
Learned State Counsel has placed on record the instructions received from the Director General, Medical Health and Family Welfare, Uttarakhand, Dehradun, according to which, the matter is pending at the level of Government in respect of grant of leave without pay for the aforesaid period. It has also been stated in the instructions that the Government vide its letter dated 12.08.2026 had sought certain clarifications from the department. In turn, the Director General, Medical Health and Family Welfare vide its letters dated 18.08.2026 and 09.09.2026 has sought certain clarifications from the Medical Officer, G.B. Pant, Nainital and it is stated that the clarifications from him are awaited.
Learned State Counsel submits that as soon as the clarifications are received, the Government would take an appropriate decision regarding the period of absence of the petitioner while he was pursuing the B.D.S. course.
In view of the fact that the matter is presently pending before the State Government, the writ petition is disposed of with a direction to the State Government to take an appropriate decision in the matter positively within a period of eight weeks from the communication of the instant order and finalize the claim of the petitioner relating to payment of his retiral dues.
Pending application(s), if any, stand disposed of accordingly.