LAXMAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. Prayers made

(2.) By way of present writ petition, petitioner has prayed for converting the order of dismissal from service into compulsory retirement, as contained in memo No. 967-68/13 Sahibganj dtd. 24/5/2013 (Annexure-10) which has been affirmed in Appeal vide order contained in memo No. 1199 Sahibganj dtd. 31/7/2015 (Annexure-15) considering the long period of devoted service of 21 years. Factual Matrix

(3.) Brief facts of the case is that initially petitioner was appointed to the post of Process Server on 6/7/1992 in Ranchi Civil Court and subsequently, he had been transferred to Lohardaga. It is the case of petitioner that while working at Lohardaga Civil Court he was promoted to the post of Assistant and was discharging the duties of Nazir. Again the petitioner was transferred to Sahibganj on 7/5/2006 and since then, he has been working there sincerely, diligently and to the full satisfaction of the respondent-authorities and no complain whatsoever was ever made save and except the present one. It is the further case of petitioner that while posted at Civil Court, Sahibganj, the petitioner applied for leave from 1/5/2010 and while on leave, he fell ill and as such, could not join the duties on time. Accordingly, he intimated the said fact to the District and Sessions Judge, Civil Court, Sahibganj vide application dtd. 7/5/2010. After recovering from illness when petitioner was to join his duties all of a sudden his son met with an accident on 10/6/2010 and for better treatment he shifted to Ranchi and hence, he could not join his duty again. However, the whole incidence was duly informed to the Judge-in-Charge vide his application dtd. 25/6/2010 praying therein for extension of leave.