AJOY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application petitioner has prayed for quashing of a Resolution of the Health Department, contained in memo no. 1324(9) dated 11.11.2008 (Annexure-21), by which, under the orders of the Government, services of the petitioner have been terminated on conclusion of a departmental proceeding. Further prayer has been made for a direction to the respondents to sanction leave to him for the period 6.3.1992 to 29.10.2001 and to pay him salary and other monetary benefits as a consequence thereof.

(2.) As per the case of the petitioner, he was appointed in Bihar Health Service by the Department's notification no. 19(2) dated 8.1.1988. On his posting, he joined as Medical Officer against a leave reserve post in Purnea on 17.3.1988. Later on, under memo dated 3.8.1988, he was transferred to a training reserve post under the Department of Radiotherapy, Patna Medical College, Patna where he performed his duties till 15.5.1990. Pursuant to a notification dated 15.5.1990, he was posted as Medical Officer in Medical Store of the College where he continued till 5.3.1992.

(3.) Petitioner decided to go for higher studies and pursue Ph.D. course. Accordingly, he filed an application in the Department for a no objection certificate, which was granted to him by memo dated 18.5.1990 (Annexure-1). After getting the no objection certificate, he filed an application before the Joint Secretary dated 15.9.1991 (Annexure-2), through the Superintendent of Medical College, for grant of study leave to him with effect from 5.3.1992 till completion of the examination. No orders were passed on his application and he was not communicated anything with regard to grant of study leave. However, as no objection had already been granted to him, he presumed that the study leave would be granted. Hence, he relinquished charge on his own with effect from 5.3.1992 and sent his charge report (Annexure-3) to the Superintendent of the Medical College and proceeded for pursuing the Ph.D. course.