HIRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, petitioner has sought for quashing of the order dated 14.6.1999 of the Director, Health Services, Bihar, Patna, contained in Annexure-3, communicating the Government decision cancelling the order contained in Memo No. 811 (11) dated 2.12.1994 accepting his voluntary retirement and dismissing him from service with effect from 1.10.1994, and, has further sought for direction to the Respondents for payment of his retiral dues including pension, gratuity and leave encashment with effect from the date of acceptance of his voluntary retirement i.e. 2.12.1994.

(2.) In short, relevant facts are that on 6.4.1960 the petitioner was appointed as Superior Field Worker in Health Department and in the year 1968 he was adjusted on the post of Basic Health Worker at Simari Bakhtiarpur Block. He was transferred from time to time and ultimately applied for voluntary retirement while posted at Primary Health Centre, Murliganj, Saharsa, which was accepted by Health Commissioner and the same was communicated by the Additional Director, Health Services on 2.12.1994 vide Annexure-2 from the date of issue of the said letter. Later by the impugned order, the order of acceptance of his voluntary retirement has been cancelled and he has been dismissed from service with effect from 1.10.1994.

(3.) In the counter affidavit filed oh behalf of Director-in-Chief, Health Department, Bihar, Patna and Chief Maleria Officer, Bihar, Patna (Respondent Nos. 3 and 5) it is contended that the writ petition is not maintainable due to laches and delay. The petitioner has challenged the order dated 14.6.1999 (Annexure-3) after lapse of about five years. Apart from this, according to the case of the Respondents, the petitioner suppressed the important fact that a criminal case was running against him since 1981 at the time he represented seeking voluntary retirement and by suppressing the said fact he got the order of acceptance of his voluntary retirement apprehending conviction in the criminal case. However, when the matter came in the notice of Respondent No. 4 through letter No. 145 dated 20.5.1995 of Prabhari Chikitsa Padadhikari, Murliganj, Madhepura that the petitioner was convicted in criminal case and was in jail, action was taken and the order of voluntry retirement was stayed vide letter No. 556 dated 21.10.1995. The details were asked from Prabhari Chikitsa Padadhikari, Murliganj vide letter No. 378 (11) dated 31.5.96. Photostat copy of the said documents have been annexed as Annexures-B, C and D to the counter affidavit. In the counter affidavit, it is stated that the petitioner was in jail from 1.10.1994 and it was his duty to inform the Respondents, which he suppressed. It also came to the notice that the petitioner moved for his bail in this Court in Cr. Appeal No. 515/94, which was rejected vide order dated 25.9.1995 (Annexure-E). It is, thus, contended that the petitioner was guilty of murder and convicted in Sessions Trial No. 4/83 on 30th September, 1994 and his bail application was also rejected by this Court, and, hence, the letter of termination was issued on 14.6.1999 with effect from 1.10.1994. It is stated that this Court has not quashed the conviction order of the Additional Sessions Judge, Saharsa till date. It is contended that G.P.F. and G.I.C. do not come under the retiral benefits, and, thus, cannot be withheld as it is based on contribution made by the person, but, after termination from service pension and gratuity are not paid.