KRISHNA KUMAR MALLICK Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application the petitioner has prayed for a direction to the respondent-State for payment of his retiral dues and other consequential arrears as consequence of his voluntarily retirement with effect from 31.3.2000.

(2.) Counter affidavit and rejoinder have been filed and as such with the consent of the parties, the writ application has been heard for final disposal at this stage itself.

(3.) The petitioner was initially appointed as a Medical Officer in the Bihar Health Service and posted at Primary Health Centre, Dumri, District-Giridih on 15.3.1979. He was transferred at various places and ultimately in 1999 he was again at Dumri. On 30.11.1999 (Annexure-2), the petitioner through proper channel submitted an application in terms of Rule 74(b)(i) of the Bihar Service Code seeking to retire voluntarily with effect from 31.3.2000, a copy of the same was also filed through the office of the Chief Medical Officer- cum-Civil Surgeon, Giridih, who forwarded the same under memo no. 1590, dated 7.12.1999 to the Director-in-Chief, Health Services, Government of Bihar, Patna. It is not in dispute that there was no response from the State to this letter of voluntary retirement and as such on 1.4.2000 the petitioner handed over the charge to one Dr. Jitendra Kumar Verma, Incharge, Medical Officer, Dumri as per charge report (Annexure-B). As there was no response nor settlement of his retiral dues, the petitioner made several representations to the authorities and ultimately vide memo no. 58(2), dated 4.2.2005 received a copy of communication that as the petitioner was involved in M.S.D. Scam, departmental proceedings were sought to be initiated. His application for voluntary retirement was being rejected. This is what brought the petitioner to this Court as the petitioner claimed that he has no knowledge of any such proceedings having been initiated or pending against him.