JOYCEE JONES Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the order of the Health Commissioner & Secretary, Department of Health, contained in his memo no. 125 (HG) dated 3.9.97, by which the plea of the petitioner to regularise the period of absence between 6.5.93 and 30.11.95 against leave due has been rejected, and treating the said period as unauthorised absence it has been held that the period shall be treated as break in service. The petitioner had come to this court earlier in C.W.J.C. No. 321 of 1996 seeking direction for payment of her retiral dues. The aforesaid order has been passed while considering her entitlement to retiral dues in the light of the direction of this Court. The relevant facts are as follows.

(2.) THE petitioner, an ex -member of the Bihar Health Service, was initially appointed on 9.3.62 and thereafter posted at different places, and was finally transferred to Patna City Hospital as Deputy Superintendent vide memo no. 1557 (3) dated 30.12.92. At that time she was posted as Subdivisional Medical Officer at Bhagalpur. The petitioner made representation against the said transfer which was rejected on 15.4.93. On 5.5.93 she submitted her joining before the Superintendent, Patna City Hospital, and took one day's casual leave for 6.5.93. She went to Bhagalpur from where on 7.5.93 she sent an application for extension of leave on account of her mother 's illness from 10.5.93 to 9.6.93. On 6.6.93 she sent another application for extension of leave on account of her own illness from 10.6.93 to 8.9.93. She sent yet another application on 4.9.93 for special medical leave from 9.9.93 to 6.9.94. On 6.3.95 she submitted her joining in the Health Department before the Under Secretary. On the same day she also submitted an application seekinig extraordinary leave from 7.9.94 to 5.3.95 under Rule 234 of the Bihar Service Code. She made another application for her posting at Bhagalpur on the ground that she was to superannuate on 30.11.95. On 30.11.95 finaly the petitioner retired from service on reaching the age of superannuation.

(3.) THE writ petition stands disposed of accordingly.