IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13835 of 2008 Dr.Krishna Nath Singh, son of Late Jyoti Prasad Singh, resident of village Purdilpur, P.S. Derni, District- Saran. ………….. Petitioner Versus 1.The State Of Bihar 2.Principal Secretary, Department of Health, Govt. of Bihar, Patna 3.Joint Secretary, Department of Health, Govt. of Bihar, Patna 4.Deputy Secretary, Department of Health, Govt. of Bihar, Patna 5.Director, Health Services, Bihar, Patna 6.Regional Deputy Director, Health Services, Tirhut Division, Muzaffarpur 7.Civil Surgeon-cum-CMO, Saran at Chapra. ……………. Respondents ---------------------------------- For the Petitioner : Dr.Amar Nath Singh, Adv. For the State : Mr.Ajay Kumar Sharma,A.C.to AAG-1 --------------------------------- 3. 12/10/2011 As per his case, petitioner was earlier appointed as Epidemic Doctor under the Government by notification dated 16.10.1976 under the Civil Surgeon-cum-Chief Medical Officer, Saran. He joined the post on 21.10.1976. However, by order of the Administrator of Saran District Board, petitioner was appointed in the Collectorate under the District Board. Accordingly, he submitted his resignation to the Director- in-Chief, Health Services on 1.7.1977, vide Annexure-8, and joined in the Zila Parishad. Later on, petitioner participated in the selection process for appointment as Medical 2 Officer under the Government held by the Bihar Public Service Commission. He was selected and by notification dated 31.3.1978, vide Annexure-9, he was appointed as Medical Officer under the Government. Working as such, petitioner has superannuated on 31.12.2003. His monetary benefits of the period of service and post retirement benefits were calculated on the basis of his service with effect from 20.4.1978 when he joined his service under the Government pursuant to the said notification, as contained in Annexure-9. Now, petitioner claims that the period during which he rendered service in Zila Parishad and his earlier period of service should also be counted for fixation of his pensionary benefits. Petitioner had moved this Court earlier through C.W.J.C.no.2480 of 2001. The said writ application was disposed of by order dated 13.3.2008 with liberty to the petitioner to file a representation and with a direction to the respondents to consider the same and pass appropriate orders in accordance with law. Petitioner accordingly filed a 3 representation, which has been considered and rejected by the respondents through impugned order dated 15.7.2008, as contained in Annexure-17. Learned counsel for the petitioner submits that the petitioner’s resignation was not accepted by the respondents and he did not receive any communication with regard to the same. Hence, his service should be treated as continuous from 21.10.1976 itself. A counter affidavit has been filed in this case in which claim of the petitioner has been denied. After going through Annexures-8 and 9 to the writ application, two facts are clear, namely, (i) on being selected for appointment by the Zila Parishad, petitioner had tendered his resignation to the Director-in-Chief, Health Services and (ii) that the appointment of the petitioner subsequently in Government service by Annexure-9 was a fresh appointment pursuant to he being selected and recommended for appointment under the State Government. Hence, clearly, the petitioner cannot be 4 held entitled for any benefit of continuity of service under the Government with effect from 21.10.1976 itself. The services rendered with Zila Prarishad being a non- pensionary service, respondents have rightly considered the date of joining of the petitioner pursuant to Annexure-9 as commencement of his service under the State Government and have therefore rightly fixed his monetary benefits on that basis. This Court, therefore, does not find any merit in the writ application. The same is accordingly dismissed. Pradeep/ ( J. N. Singh,J.)