VINOD BHANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This civil appeal is directed against the judgment dated May 1, 1996 rendered by the Division Bench of the High Court of Patna in Letters Patent Appeal No. 776 of 1995 affirming the judgment of the learned single Judge.

(2.) The relevant facts for the disposal of this appeal may be briefly summarised as under: The appellant joined as authorities and the Artificial Limb Centre, Patna run by the Red Cross Society. This Centre was taken over by the Government of Bihar. This Centre was thereafter transferred to the Health Department of the Government of Bihar. The appellant came to be confirmed on October 11, 1977 with effect from September 22, 1977. The appellant was asked by the Professor and Head of the Orthopaedics Department, Medical College Hospital to take lectures in Patna Medical College Hospital. It appears that the appellant on November 6, 1981 submitted his letter of resignation to be effective from November 30, 1981. Before the acceptance of the resignation letter by the Government the appellant on December 6, 1981 withdrew the same. The appellant thereafter came to be transferred to Patna Medical College Hospital in the Department of Physical Medicine and Rehabilitation. Thus the appellant continued in service.

(3.) On April 3, 1988 the appellant joined the Physical Medicine and Rehabilitation Department Respondent 4 wrote to the State Government that since the appellant's resignation was not accepted, he may be asked to start the Rehabilitation Centre. Respondent 4 pursued this matter on the same lines and requested the Government to allow the appellant to rejoin at the Artificial Limb Centre which was closed down some three years back so that the said Centre would become functional. In view of this correspondence resting with the Government, Respondent 4 also asked the Government to release the salary of the appellant. From the record it appears that the appellant was awarded certificate of honour m recognition of his good services during the past 25 years at the Limb Centre. However, on May 24, 1994-the Government informed the Professor and Head of the Department Physical Medicine and Rehabilitation Department) , Patna Medical College Hospital that although the appellant's resignation was not accepted but as he was absent for more than 5 years from December 6, 1981 till April 11, 1988 he would be deemed to have been relieved from service. Consequently, the Department of Physical Medicine and Rehabilitation of Patna Medical Hospital informed the appellant that he would be deemed to have been relieved from the Limb Centre workshop.