IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14875 of 2008 MD.HASIBUR RAHMAN, Son of Matiur Rahman at present R/o Millat Nagar Delwa, P.S.-Araria, District-Araria, Permanent Address, R/o village- Ajhua Mohni, P.S.-Jokihat, District-Araria. ……….Petitioner. Versus 1. The State of Bihar. 2. Commissioner-cum-Secretary, Department of Health and Family Welfare, New Secretariat, Bailey Road, Patna. 3. Director-in-Chief, Health Services, Bailey Road, Patna. 4. District Magistrate, Araria. 5. Civil Surgeon-cum-Chief Medical Officer, Araria. 6. In-charge Medical Oficer, Jokihat, District-Araria. ………..Respondents. ----------- 04/ 20.04.2010 Heard learned counsel for the petitioner and the counsel appearing for the State. The petitioner has filed writ application for a direction to the respondents to allow him to opt for voluntary retirement with effect from 01.11.2008. Further prayer is for directing the respondents to fix his pension in the light of 6th Pay Revision Commission, the benefit of second ACP and all consequential benefits, which is available to a government employee, who opts for voluntary retirement. Petitioner’s case is that his application for voluntary retirement is pending before the respondent authorities but no order is being passed. On the other hand, payment of salary has also been stopped. During the pendency of the writ application a direction was issued to respondents for filing counter affidavit and also for making payment of arrears of salary and month to month current salary to the petitioner, till the date, final order is passed on the application filed by the petitioner for his voluntary - 2 - retirement. Counter affidavit has been filed on behalf of the Director- in-Chief, Health Services, Bihar, Patna i.e. respondent No. 3. In the counter affidavit, it is stated that validity of petitioner’s appointment as Clerk, vide Memo No. 1002 dated 14.11.1983 was examined by the Civil Surgeon-cum-Chief Medical officer, Araria. In this regard, the Civil Surgeon, Araria, vide letter No. 221 dated 17.03.2009, called for some information from the Superintendent T.B. Hospital, Koilwar, Bhojpur. The Superintendent, T. B. Hospital, Koilwar, vide Letter No. 58 dated 29.04.2009 informed the Civil Surgeon, Araria, regarding the forged nature of petitioner’s appointment. On receiving such informations, the prayer of the petitioner for his voluntary retirement has not been accepted rather vide memo No. 577 (4) dated 15.04.2010, the Director-in-Chief, Health Services has issued notice to the petitioner for submitting his show cause by 28.06.2010. Petitioner cannot be given the benefit of voluntary retirement or other relief for which prayer has been made in this writ application. Considering the statement made in the counter affidavit, prayer of the petitioner cannot be allowed. However, respondents are directed to pay arrears of salary to the petitioner since in the counter affidavit it is stated that at present petitioner is working at Primary Health Centre, Jakihot, Araria. The arrears of salary and the current salary till the date any departmental proceeding is initiated against the - 3 - petitioner and has been put under suspension, should be paid to him. So far relief prayed by the petitioner for voluntary retirement and payments of consequential benefits are concerned, is rejected. Sanjeet/ (Mridula Mishra, J.)