BAIDYANATH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Multiple prayers, not inter-connected to each other, have been made by the petitioner in the writ petition.

(2.) Primary challenge to the impugned order dated 08.5.2013 by which the respondent-authority has declined to regularize the period between 23.05.2001 to 24.01.2006 is founded inter-alia on the following grounds:

(3.) Briefly stated the petitioner, who was appointed as Medical-Officer in the year 1973, has claimed that he proceeded on leave on 205.2001 for medical reasons. He gave his joining on 17.01.2002 and submitted medical certificate along with cadre allocation letter dated 24.04.2001. He claims that he was waiting for posting for the period 17.01.2002 to 14.01.2004. In the meantime vide order dated 19.08.2003 he was directed to tender joining in the office of Civil Surgeon, Dumka, whereupon he submitted application on 06.09.2003 to Commissioner, Health, Patna objecting to the said direction citing various reasons. On 002.2004 he allegedly gave his joining in the office of Civil Surgeon, Dumka, however, he was orally instructed by the Civil Surgeon, Dumka to give his joining to the Health Department. In compliance of the said oral direction of Civil Surgeon, Dumka the petitioner claims that he tendered his joining in the Health Department, Jharkhand on 11.04.2004. These facts he has asserted in his representation dated 09.02011. In paragraph no.5 of the said representation, in the same breath he has claimed that he was waiting for posting from 11.04.2004 to 16.01.2006 and by the Notification dated 16.01.2006 he was posted at Primary Health Centre, Satgawan where he tendered his joining on 25.01.2006. He superannuated from service on 28.02.2007 and when post-retiral benefits were not paid to him he came to this Court in W.P.(S) No.7483 of 2006. The writ petition stood disposed of vide order dated 06.02.2013 directing the respondent-authority to decide his claim raised under different heads and, if found genuine, to grant benefit of the same to the petitioner within a period of eight weeks. In purported compliance of order dated 06.02.2013 passed by the writ Court, the respondent-authority by the impugned order dated 08.05.2013 has declined to regularize the period between 205.2001 to 24.01.2006.