- (1.)DR. Surendra Singh Baba, petitioner, before us, was selected by U. P. Public Service Commission and appointed as Medical Officer in Provincial Medical Service Cadre in the State of U. P. on 15th February, 1974 and at that time he was posted at Primary Health Centre, Khairpur.
(2.)PETITIONER happens to be a bachelor. While posted in the year 1990 at Chilla, District Mirzapur, he submitted application dated 28-11-1990, addressed to Director General, Medical, Health and Family Welfare U. P. , Lucknow (Annexure-2 to the Writ Petition) urging that he was eligible for being granted voluntary retirement under Fundamental Rule 56 (c) of Financial Hand Book Vol. II, Parts II to IV and he be granted the same w. e. f. March 1,1991. PETITIONER remained on Medical leave from 28-11-1990 to 28- 2-1991.
The Chief Medical Officer forwarded said application to the Director General Medical, Health and Family Welfare, U. P. Since petitioner was given no information about acceptance and granting of voluntary retirement, he reported for joining duties on 5-3- 1991 (Annexure-3 to the Writ Petition ). The then Chief Medical Officer, Mirzapur vide letter dated 6-3-1991 (Annexure-4 to the Writ Petition), addressed to the petitioner, informed that the petitioner could not be allowed to join duties since his application for seeking voluntary retirement (already forwarded to the Director General Medical, Health and Family Welfare, U. P.) was pending decision.

Petitioner thereafter sent reminders dated 5-10-1991 and 24-7- 1992 to the Director General Medical, Health and Family Welfare, U. P. (Annexures-5 and 6 to the Writ Petition ). Respondent took no decision on the said representations and petitioner was given no information either way.

(3.)BEING aggrieved, and as advised at that stage, petitioner filed Claim Petition No. 1133 of 1994, Dr. Surendra Singh Baba v. State of U. P. and others, before U. P. State Public Services Tribunal, Lucknow (U. P.) under Section 4 of U. P. Public Services (Tribunals) Act, 1976 for declaring impugned order dated 13-8-1993 (Annexure-7 to the Writ Petition) to be null and void, to declare him to have deemed voluntarily retired with effect from 5-3-1991 and to pay his entire pensionary benefits along with interest at the rate of 24% per annum. The Tribunal by means of judgment and order dated 23-4-1998 dismissed the claim petition.
Petitioner, thereafter submitted another application addressed to the State Government of U. P. , through Principal Secretary, Medical and Health, Lucknow (Annexure-9 to the Writ Petition) praying for considering his request for voluntary retirement on the basis of earlier application w. e. f. 1-3-1991 as requested by him in the past. It is alleged in the petition that he sent several reminders through concerned In-charge Medical Officer, who vide order 3-11-1998 (Annexure-12 to the Writ Petition), informed the petitioner that his application for seeking voluntary retirement has been forwarded on 30- 7-1998 and petitioner should contact concerned Chief Medical Officer, Mirzapur. Petitioner complains that no heed was paid to his request for granting voluntary retirement w. e. f. 1-3-1991 and, on the other hand, he has also not been allowed to join his duties and denied salary.