S. N. Patnak, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner has approached this Court with following prayers:- (i) For quashing the order No. 356(4) dated 02.05.2013 (Annexure- 21) issued by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, by which a communication has been made to the petitioner that the respondents-authorities have taken decision to break the services of the petitioner in between 08.03.2007 to 29.06.2008. (ii) For issuance of direction upon the respondents-authorities to count the period in between 08.03.2007 to 29.06.2008 for calculating the pensionary benefits of the petitioner after his regularization. (iii) For issuance of direction upon the respondents-authorities to pay all the retiral benefits calculating the same after counting the period in between 08.03.2007 to 29.06.2008. FACTUAL MATRIX
(3.) The petitioner was appointed as Medical Officer under the State Government and vide notification No. 386(2) dated 28.06.2006, he was transferred from Hazaribagh to Palamu as a Medical Officer. Upon receiving such order, he submitted his joining in the office of Civil Surgeon-cum-Chief Medical Officer, Palamu at Daltonganj on 28.06.2006. Thereafter, on 29.06.2006 he went to Hazaribagh for shifting his accommodation to Palamu, where he found his mother in ailing condition. He had requested to the Civil Surgeon-cum-Chief Medical Officer vide his representation dated 26.07.2006, for extending his leave till 26.07.2006. The petitioner had further requested the respondent-authorities to extend his leave till 01.03.2007. During the said period, while on treatment, her mother had expired and after performing her last rituals, the petitioner gave his joining on 02.03.2007 in the office of Civil Surgeon-cum-Chief Medical Officer, Palamu but the Civil Surgeon vide his letter No. 253 dated 02.03.2007 had directed the petitioner to submit his joining to the Headquarter at Ranchi and accordingly, he had been relieved, which is also evident from the said letter itself.;