PRAKASH CHANDRA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State of Bihar and the State of Jharkhand.

(2.) By filing this writ petition, petitioner seeks a declaration that he voluntarily superannuated from service with effect from 1.9.2002 as per his request to voluntarily superannuate with effect from that date contained in his application dated 15.7.2002, Annexure-1. Earlier petitioner had obtained 30 days' leave for the period between 10.08.1997-8.9.1997 for the treatment of his son under office order bearing Memo No. 1128 dated 19.7.1997, Annexure-4. For treatment, son of the petitioner was taken to Children's Hospital at Albania in the U.S. and he continues to be there even now. Petitioner being the only male member in the family is required to attend on his ailing son at Albania Medical Centre, U.S. and as such, he could not report back for duty after expiry of the leave granted under office order dated 19.7.1997, Annexure-4 though information about the continued medical treatment of his son in the U.S. was given to the authorities under representation, Annexure-5,7,9 and 11 which was duly forwarded to the State Government under letter Nos. 1451 dated 24.9.1997, Annexure-6,366 dated 25.3.1998, Annexure- 8, 77 dated 20.1.2001, Annexure-10.

(3.) The condition of petitioner's 80n could not improve and application dated 15.7.2002, Annexure-1 was submitted to the Government seeking voluntary retirement with effect from 1.09.2002 as pef the provisions contained in Rule 74(b) of the Bihar Service Code and Voluntary Retirement Scheme formulated by the State Government under Memo No. 6190F dated 27.04.1979. The request of the petitioner dated 15.07.2002' for voluntary retirement remained pending. The condition of his son also did not improve whereafter this writ petition was filed on 9.5.2006. During the pendency of the writ petition also the request of the petitioner for voluntary retirement has not been considered so far. The authorities of both the States of Jharkhand and Bihar have filed two separate counter affidavit on behalf of Respondent Nos. 2,4,5,7 and 8 in which the pendency of the request of the petitioner for voluntary retirement has been admitted. In the counter affidavit the authorities have not disputed that petitioner was initially allowed 30 days' leave during the period between 10.8.1997-8.9.1997 for treatment of his son whereafter information is being received from the petitioner regularly that his son is still under treatment and it is not possible for the petitioner to join duties In the State, as he is required to attend on his ailing son in the Children's Hospital at Albania Medical Centre, U.S.