DR. JITENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the petitioner for directing the respondents to revise his pension and gratuity with all consequential benefits including payment of arrear of revised retirement benefits.

(2.) It is submitted by the learned counsel for the petitioner that while the petitioner was posted as Medical Officer, Additional Primary Health Center, Chakki, Buxar, on 06.08.2002, he applied under the scheme of the Government for his voluntary retirement which was forwarded by the Civil Surgeon-cum-Chief Medical Officer, Buxar vide letter no.843 dated 13.08.200 Since no information was given to the petitioner by the respondents, he sent a reminder on 15.11.200 Thereafter, in response to the correspondence made by the respondents, he submitted relevant papers to the department on 03.09.2003. However, in spite of repeated requests, the respondents sat over the matter and the matter of voluntary retirement remained pending before the department. Seeing no way out, the petitioner filed a writ application before this Court vide C.W.J.C. No.6538 of 2003 for a direction to the respondents to allow him to retire voluntarily. In the mean time, vide resolution dated 111.2003, a proceeding was initiated against him for certain acts of omission and commission. After conducting enquiry, the enquiry officer submitted his report on 19.01.2004, where after the disciplinary authority awarded him punishments of (a) censure, and, (b) withholdment of two annual increments with cumulative effect vide order dated 11.07.2005.

(3.) It is submitted that the issue of voluntary retirement of the petitioner remained pending even after completion of disciplinary proceeding for almost three years from the date of issuance of punishment order. Ultimately, on 06.06.2008 the application of the petitioner for voluntary retirement was allowed where after his pension was sanctioned and after receiving the order of authority from the office of the Accountant General, Bihar, Patna, his pensionary benefits were paid to him.