Dr. Akhilesh Charan Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6546 of 2019 • Dr. Akhilesh Charan Dubey S/o Shri Iswar Chand Dubey Aged About 57 Years Presently Retired As Chief Medical And Health Officer, Mahasamund, R/o Sri Ram Hospital, Near Daganiya Square, Mahadev Ghat Road, Raipur Chhattisgarh, Civil And Revenue District Raipur Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Public Health And Family Welfare, Mahanadi Bhawan, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh

2. The Chief Medical And Health Officer Raipur, District Raipur Chhattisgarh

3. The Chief Medical And Health Officer Mahasamund, District Mahasamund Chhattisgarh ---- Respondents For Petitioner :

Shri B.P. Sharma, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner had retired on 10.01.2005 as he has tendered resignation. He joined his services on 10.12.1996 in the undivided state of M.P. Thereafter, he remained absent from 10.12.1996 to 10.01.2005 and after resignation, the absence of 10.12.1996 to 10.01.2005 was treated as dies non as per the letter dated 06.07.2019 issued by the CMHO, Raipur. It is contended that in the meanwhile the petitioner was posted at the

Primary Health Centre, Birkoni, Mahasamund and on 06.07.1998 Mahasamund district was formed and in such process, the service record/service book of the petitioner was lost. The petitioner contended that till date he is not been able to get his retiral dues and the respondents may be directed to reconstruct the service book on the basis of the available record and the petitioner will also cooperate and supply all the documents available with him.

3. Considering the issue that it is contended that the service book of the petitioner has been lost, as the Mahasamund district was formed, the respondent State would be obliged to reconstruct the service book of the petitioner on the basis of the available record. The petitioner shall also co-operate in such preparation of the book and shall supply all the material/document which is available with him. Thereafter, the service book of the petitioner be prepared and the retiral dues whatever payable to him shall be disbursed. The respondents shall complete this process within an outer limit of 6 months from the date of receipt of copy of this order.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu