IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1738 of 2011 In Civil Writ Jurisdiction Case No. 5190 of 2006 With Interlocutory Application No. 7938 of 2011 In Letters Patent Appeal No.1738 of 2011 ====================================================== Dr. Chandradeo Pandey, S/o Late Ram Pravesh Pandey, R/o Village- Patkhauli, P.S.-Sikrahata, Distt.- Bhojpur. .... .... Appellant Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Department of Health and Family Welfare, Bihar, Patna 3. The Director-in-Chief, Health and Family Welfare, Bihar, Patna 4. The Joint Secretary, Department of Health and Family Welfare, Bihar, Patna 5. The Deputy Secretary, Department of Health and Family Welfare, Bihar, Patna .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Awadhesh Kumar Pandit, Advocate For the Respondents : Mr. Ranjeet Kumar Pandey, A.C. to GP-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 23-11-2011 Interlocutory Application No. 7938 of 2011: The delay of one day occurred in filing the Letters Patna High Court LPA No.1738 of 2011 (2) dt.23-11-2011 2 / 2 2 Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1738 of 2011: The appellant, a former Government servant, past the age of 70 years has preferred this Appeal under Clause 10 of the Letters Patent against the judgment and order dated 30th June 2011 passed by the learned single Judge in above C.W.J.C. No. 5190 of 2006. The appellant, a Medical Officer in the service of the State of Bihar, resigned from service on 14th April 1977. After tendering resignation he left the service without waiting for it being sanctioned. Months thereafter on 15th January 1978, the appellant sought to withdraw his resignation. Since its withdrawal was not accepted by the respondent authorities he has come before this Court repeatedly, first in 1991, next in 1998 and third in 2006. Now past the age of 70 years the appellant seeks retiral dues. In view of his resignation the appellant forfeited the past service as envisaged by Rule 101 of the Bihar Pension Rules, 1950. The claim made by the appellant is too tall and unsustainable, has rightly been rejected. No case for interference is made out. Appeal is dismissed. We may have to observe that the departmental proceeding initiated against the appellant would not survive once the resignation tendered by the appellant was accepted in 1978. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)