IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9027 of 2010 BINOD KUMAR DAS, S/O LATE SHUKHDEO LAL DAS, R/O VILLAGE & P.O. RAJNI BABHANGAMA, P.S. BEHARIGANJ,DISTRICT MADHEPURA AT PRESENT WORKING ON THE POST OF KAMDAR, PLANT PROTECTION CENTRE KAHRA (SATTAR KATAIYA) DISTRICT SAHARSA. …………… PETITIONER Versus 1. THE STATE OF BIHAR. 2. AGRICULTURE PRODUCTION COMMISSIONER ,BIHAR,PATNA. 3. SECRETARY,AGRICULTURE DEPARTMENT,GOVT. OF BIHAR,PATNA. 4. DIRECTOR, AGRICULTURE,BIHAR,PATNA. 5. JOINT DIRECTOR, AGRICULTURE (PLANT PROTECTION), BIHAR, MITHAPUR FARM,PATNA. 6. DY. DIRECTOR, AGRICULTURE (PLANT PROTECTION), SAHARSA. 7. JUNIOR PLANT PROTECTION OFFICER, SAHARSA. 8. JUNIOR PLANT PROTECTION OFFICER, PURNIA. 9. BLOCK AGRICULTURE OFFICER, KAHRA BLOCK, SAHARSA. ……….. RESPONDENTS ----------- For the Petitioner : M/s Shanti Pratap and Arvind Kumar Verma, Adv. For the Respondents: Mr. Ravi Verma, Adv. ----------- 2. 31/03/2011 Learned counsel for the petitioner submits that the petitioner has undergone bypass surgery on 23.10.2009. However, the petitioner has not yet recovered from the same and is still having complications and has been advised bed rest. On account of that fact, he is not able to rejoin his duty. Learned counsel for the respondents submits that the application of the petitioner for reimbursement of his medical bills is under consideration and has been sent to the Department by the Joint Director, Agriculture, 2 as appearing from Annexure-B/5 to the counter affidavit. He refers to the statement made in paragraph 6 of the counter affidavit that the matter of reimbursement of medical expenses incurred by the petitioner after relaxing the conditions of post facto permission is under process in the Department. He submits that inspite of revocation of suspension of the petitioner by order dated 21.4.2010, petitioner has not joined his duty till today. Learned counsel for the petitioner submits that the petitioner is not in a fit condition of health to join his duty and he has been advised continuous rest. He submits that petitioner is in fact not ready to continue in service now and therefore he is ready to submit an application for voluntary retirement. Petitioner is therefore directed to submit an application before the respondents for his voluntary retirement within four weeks from today, which the respondents shall consider and take decision preferably within a period of two months from the date of submission of said application by the petitioner for voluntary retirement. If the petitioner fails to submit such an application, 3 respondents may take steps for his compulsory retirement in accordance with law. Before any orders are passed on the application of the petitioner for voluntary retirement or any order of compulsory retirement is passed, sanctioned amount of medical expenses shall be paid to him. Pradeep/ ( J. N. Singh,J.)