ANIL DEWAN Vs. STATE

JUDGEMENT

(1.) This judgment of mine shall dispose of the aforesaid writ petitions as common questions of fact and law are involved in these cases.

(2.) While serving as Medical Officer, Civil Hospital, Roopnagar, the petitioner applied for pre-mature retirement,--vide his request, dated 5th July, 2007 (Annexure P-2). The petitioner claimed that he has completed 20 years continuous service on 11th June, 2007 including the service rendered on short term basis with effect from 11th June, 1987 to 1st February, 1991. Three months notice was also given through the aforesaid letter. The Director, Health and Family Welfare,-- vide his letter, dated 27th September, 2007 (Annexure P-3) sought information from the Civil Surgeon, Ropar as to how the Civil Surgeon has counted 20 years of completed service of the petitioner by taking into consideration the hierarchy of service rendered by the petitioner. He referred to the Government guidelines,--vide letter No. 1/71/90-I F.P.3/7278 dated 20th October, 1995 and he was advised not to relieve the petitioner. The petitioner on coming to know of the aforesaid position,--vide his letter, dated 8th October, 2007 (Annexure P-4) responded to the Director and stated that his initial appointment on ad hoc/temporary basis was on the basis of selection. He also relied upon Rule 4.23 of the Punjab Civil Service Rules, Vol. II and requested for count of ad hoc service rendered along with regular service for computing 20 years qualifying service. This was followed by another letter dated 17th March, 2008 by the petitioner. The request of the petitioner was, however, declined,--vide the impugned letter, dated 19th March, 2008 (Annexure P-6) and the petitioner was duly communicated that his request for voluntary retirement has been rejected by the Government on consideration. It is under these circumstances that the petitioner has filed the present petition seeking quashment of the aforesaid letter dated 19th March, 2008 (Annexure P-6) with a further direction in the nature of mandamus for a direction to the respondents to treat him as prematurely retired.

(3.) It is the admitted position that the petitioner was appointed to the post of Medical Officer for short term,--vide appointment letter dated 26th May, 1987. This letter specifically mentions that the petitioner was selected for the post in question. Thereafter, the petitioner was selected by the Punjab Public Service Commission and was appointed on regular basis,--vide letter dated 19th December, 1990 by the Secretary, Health and Family Welfare, Punjab Chandigarh. He was posted,--vide order dated 1st February, 1991 and the petitioner joined his service.