Panchdeo Upadhyay, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7721 of 2024 ====================================================== Panchdeo Upadhyay, S/o Sheo Narayan Upadhyay, Resident of MohallaNehru Nagar, P.S.- Buxar Nagar, Distt.- Buxar, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Additional Chief Secretary, Revenue and land Reforms Department, Patna.

2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate cum collector, Buxar. 4.

The Deputy Collector, Land Reforms, Buxar.

5.

The Deputy Collector, Nazarath, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kashyap, Advocate For the Respondent/s :

Mr.Birendra Prasad Singh, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 09-08-2024 The petitioner is posted as an Office Attendant in the office of Deputy Collector, Land Reforms, Buxar. While he was working as such, he suffered a Brain Stroke, as a result of which, left side of his body became paralytic. He was medically treated first in the Sadar Hospital, Buxar and subsequently referred to Nalanda Medical College & Hospital, Patna. In the hospital, he was further diagonized kidney disease. He filed an application for voluntary retirement on account of his serious health condition. The said representation was taken up for consideration by the Deputy Collector, Land Reforms, Buxar on 10th January, 2024. He wrote a letter to the petitioner requiring

Patna High Court CWJC No.7721 of 2024(3) dt.09-08-2024 2/3 him to state as to whether he seeks his retirement from service voluntarily and also directed to him to file all medical documents. The petitioner submitted his reply which was received by the office on 2nd of February, 2024, with all medical documents.

2. The grievance of the petitioner is that till date the said representation which was received on 2nd of February, 2024 has not been disposed by the Deputy Collector, Land Reforms, Buxar.

3. I have heard learned Advocate for the petitioner as well as learned counsel for the State.

4. Serious enabling of a Government employee to not discharge his duties is a ground for voluntary retirement. The respondent authority, Deputy Collector, Land Reforms, Buxar is required to dispose of the said representation at the earliest. However, the said representation has not been disposed of for the last six months.

5. In view of such circumstances, the instant writ petition is disposed of directing the Deputy Collector, Land Reforms, Buxar to dispose of the petitioner's application which has been received on 2nd of February, 2024 in the light of the medical documents he filed along with the said application

Patna High Court CWJC No.7721 of 2024(3) dt.09-08-2024 3/3 within 30 days from the date of communication of this order.

6. The petitioner is at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J) uttam/- U