CHITRANJAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY virtue of letter No. 578 dated 10.6.2003 issued by the Senior Accounts Officer of Accountant General, Bihar (Annexure -1), the claim for pension made by the original petitioner Umakant Jha (hereinafter referred to as the petitioner), who had admittedly tendered resignation with effect from 7.5.1977 stands rejected. Petitioner challenged the said decision and wanted a direction upon the respondents to grant him pension and gratuity. Petitioner also wanted declaration that his application for resignation should be treated as an application for voluntary retirement and respondents be directed to pay all the benefits of a superannuated employee.

(2.) SOME basic facts are not in dispute. According to the pleadings in the writ application petitioner was initially appointed as a teacher in Middle School, Shirania on 1.4.1949. The School in question was located in erstwhile district of Munger and now falls in the jurisdiction of Khagaria district. The said school was supposedly taken over by the State Government with effect from 1.1.1971. Subsequently the State of Bihar also decided to extend the benefit of pension and other retiral dues for teachers of taken over schools with effect from 1.4.1976. Some time in the month of June 1976 petitioner stood transferred from the Middle School, Shirania to Middle School, Gangaur which was about 35 kms. from the present place of posting. On 17.6.1976 petitioner wrote to the District Superintendent of Education, Munger stating that his health did not permit him to serve at the transferred place of posting and he requested for cancellation of the transfer order vide Annexure -2 to the writ application. Petitioner stood relieved from the school on 6.7.1976 for joining at the transferred place of posting. Since the petitioner did not choose to join the transferred place he decided to go on leave from 8.7.1976 to 15.8.1976. On 12.8.1976 he filed yet another application seeking extension of leave till 15.9.1976. He kept extending his leave by various applications till 15.5.1977. Ultimately he decided to tender his resignation vide his application dated 7.5.1977 contained in Annexure -5. The resignation was accepted from 7.5.1977 itself. Petitioner contends that the letter of resignation also stated that petitioner 'sleave for one year should be granted and regularized. He should also be paid pension and gratuity. It is further stated in the writ application that on 9.6.1978 the service book of the petitioner alongwith his pension papers were forwarded to the Director, Primary Education, Government of Bihar for appropriate decision and direction on the issue. The communication in question is Annexure -7 to the writ application. The matter was returned to the District Superintendent of Education for taking an appropriate decision in accordance with law. The District Superintendent of Education in terms of the direction of the State Government forwarded the service book and pension papers of the petitioner to the Accountant General, Bihar on which certain clarification and queries were made by the Accountant General. This was so because service book categorically recorded that the petitioner had voluntarily tendered his resignation and the same was accepted by the then District Superintendent of Education.

(3.) ALL the details demanded by the office of the Accountant General came to be furnished. The matter was examined and the Senior Accounts Officer returned the service book and pension papers stating that since it is a case of resignation from service, payment of pension is not admissible in accordance with the Rule 101(a) of the Bihar Pension Rules.