- (1.) Heard learned counsel for the parties through VC
(2.) The instant application was initially filed by the petitioner for a direction upon the respondents to immediately accept the voluntary retirement application of the petitioner and also for a further direction to the concerned respondents to immediately and forthwith make payment of all retiral benefits including pension as the petitioner has completed continuous service of more than 20 years. During the pendency of this application, vide order dated 18.01.2019, this Court directed the respondents to apprise the Court as to whether the decision on the application of the petitioner for voluntary retirement has been taken or not and in compliance to the court's order an order dated 24.01.2019 rejecting the application of the petitioner for Voluntary Retirement has been passed which was brought on record by way of supplementary counter affidavit filed by the State. Pursuant to that an interlocutory application for amendment challenging the said order of rejection dated 24.01.2019 has been filed and the same was allowed vide order dated 22.02.2019.
(3.) The facts of the case lie in a narrow compass. The petitioner joined the service in the erstwhile State of Bihar vide notification No. 2199 dated 16.6.1987 on the post of Assistant Engineer in Bihar Engineering Service in Road Construction Department and after bifurcation of the State of Bihar the petitioner opted for the State of Jharkhand. The services of the petitioner was confirmed vide notification No. 4652 dated 03.07.2004 and the petitioner was given the benefit of first Assured Career Progression Scheme vide notification dated 16.5.2005 with effect from 09.08.1999 after completion of 12 years of continuous service. Further case of the petitioner is that while he was posted as Project Officer, MESO Project, Jamtara, he made an application in July, 2007 for getting voluntary retirement for some family reasons, but that application remained pending till the date of filing of the writ application. At this stage it is pertinent to mention here that though there was no acceptance of his VRS application but interestingly a seniority list was published by the Department in the year 2009 where the name of the petitioner has been omitted. As aforesaid, pursuant to the order of this Court an order of rejection of the VRS application was passed in the month of January, 2019 as contained in letter No.562 (S) dated 24.01.2019 issued under the signature of Under Secretary to the Government, Road Construction Department indicating that in the light of Paragraph 1 of the Circular of the Finance Department No. 6190 dated 27.4.1979, the claim of the petitioner for voluntary retirement is rejected and it was further directed in the said letter that the petitioner should first join at the Headquarter fixed during the period of suspension. It is also pointed out in the said letter that the petitioner has not completed 20 years of service. The said letter has been annexed as Annexure D to the counter affidavit filed by the respondents. ;