SURENDRA SINGH BABA Vs. STATE OF U P

JUDGEMENT

(1.) DR. Surendra Singh Baba, petitioner, before us, was selected by U. P. Public Service Commission and appointed as Medical Officer in Provincial Medical Service Cadre in the State of U. P. on 15th February, 1974 and at that time he was posted at Primary Health Centre, Khairpur.

(2.) PETITIONER happens to be a bachelor. While posted in the year 1990 at Chilla, District Mirzapur, he submitted application dated 28-11-1990, addressed to Director General, Medical, Health and Family Welfare U. P. , Lucknow (Annexure-2 to the Writ Petition) urging that he was eligible for being granted voluntary retirement under Fundamental Rule 56 (c) of Financial Hand Book Vol. II, Parts II to IV and he be granted the same w. e. f. March 1,1991. PETITIONER remained on Medical leave from 28-11-1990 to 28- 2-1991.

(3.) BEING aggrieved, and as advised at that stage, petitioner filed Claim Petition No. 1133 of 1994, Dr. Surendra Singh Baba v. State of U. P. and others, before U. P. State Public Services Tribunal, Lucknow (U. P.) under Section 4 of U. P. Public Services (Tribunals) Act, 1976 for declaring impugned order dated 13-8-1993 (Annexure-7 to the Writ Petition) to be null and void, to declare him to have deemed voluntarily retired with effect from 5-3-1991 and to pay his entire pensionary benefits along with interest at the rate of 24% per annum. The Tribunal by means of judgment and order dated 23-4-1998 dismissed the claim petition.