- (1.) Heard Sri Anil Kumar Sinha, Learned senior advocate for the petitioner and Sri Manoj Tandon, Standing Counsel-II for the respondents and with their consent, this case is taken up for disposal at the stage of admission itself.
(2.) Challenge in this writ application is to the order dated 08.02.2008 (Annexure-9) issued under the signature of the Deputy Secretary, Department of Personnel, Administrative Reforms, Government of Jharkhand whereby the petitioner, who was posted as Member Secretary of the State Commission for Backward Classes, has been directed to submit his papers in prescribed proforma for processing of his death-cum-retiral dues. Besides praying for quashing the aforesaid impugned order, the petitioner has also prayed to issue a direction upon the respondents to allow the petitioner to complete three years tenure of service on the post of Member Secretary in the Commission and to restrain the respondents to dispense with the services of the petitioner, on the said post.
(3.) The petitioner, who was earlier holding the substantive post of Joint Secretary in the Government of Jharkhand, was posted as Member Secretary of the State Commission for Backward Classes, Jharkhand at Ranchi by Notification dated 05.04.2007 (Annexure-4). By filing his representation (Annexure-5) on 05.04.2007 itself, he expressed his unwillingness to join on the said post and requested for cancelling the notification. His request was not accepted by the Government and he was directed to submit his joining as per notification (annexure-4). Pursuant to the aforesaid direction, he submitted his joining on the post of Member Secretary of the Commission on 10.05.2007. Almost eight months thereafter, he was served with the impugned order whereby he was intimated that he would retire on 31.12.2008 and was called upon to submit his pension papers.;