RAMAKANT DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. The petitioner has approached this Court in the year 2009 by way of the present writ application for directing the respondents to pay all the Post Retiral benefits to the petitioner. According to the petitioner, he was appointed sometime in the year 1967 on the post of Superior Field Worker in the office of Anti Malaria Officer, Malaria Eradication Unit, Hazaribagh. In the year 1979, he became a victim of Schizophrenia and went on leave for his treatment by giving information to his erstwhile Controlling Officer at Chatra Block. However, the documents pertaining to information given to the Block Medical Officer, Chatra for leave admittedly is not available with the petitioner. It is further submitted that the petitioner after being cured from the said ailment in the year 1985, submitted his application on 13.02.1985 for acceptance of his joining before the Block Medical Officer, Chatra, enclosing the copy of Medical Certificate of Government Doctor of RMCH, Ranchi dated 12.02.1985.

(2.) THE petitioner by way of series of representations which are annexed as Annexure -3 Series, submits that till 2008 he has been representing before the different officials of the Health Department including District Malaria Officer, Hazaribagh, State Malaria Officer, Jharkhand, Secretary, Department of Health, Medical & Family Welfare, Government of Jharkhand to accept his joining as he could not resume his duty for a period of about six years form 25.10.1979 to 12.02.1985 and thereafter due to non -acceptance of his joining he could not resume his duty till the date of his retirement. According to the petitioner he retired on 31st December, 2008. Learned Counsel for the petitioner submits by reference to Annexure 10 of the writ petition dated 11.12.2007 issued by the State Malaria Officer, Jharkhand, Ranchi that it has been noted in the said letter that no departmental proceeding was ever initiated against him for his dismissal from service. However, by the said letter, it is evident that for the period 12.2.1985 to 2004 there is no information available in the office of the District Malaria Officer, Chatra as against the contention of the petitioner that he had been regularly representing for joining. Learned Counsel for the petitioner submits that under Rule 76 of the Bihar Service Code now adopted by Jharkhand Service Code before removing the petitioner from service due to continued absence for more than 5 years proper disciplinary proceedings ought to have been initiated under the relevant Rules which has not been done in the case.

(3.) LEARNED Counsel for the respondents, on the other hand, submits that the petitioner after 1979 has disappeared without any notice or information to the department. His contention that he was on leave is not substantiated by any documentary evidence showing leave application before competent authority which has also been admitted by the petitioner also. It is further submitted that Rule 76(b) is specifically applicable in cases where a government servant does not resume duty after remaining on leave for a continuance period of 5 years, or after expiry of his leave remains absent from duty. It is further submitted that in the present case, even the contention of the petitioner that he tried to submit his joining before the Block Medical Officer, Chatra, is not supported by any documentary evidence.