NAWAL KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>R.N.SAHAY,J.</DJG> By this application under Article 226 of the Constitution of India, the petitioner, who at the relevant time was Secretary, Bihar Legislative Council, has impugned the validity of the communication contained in the letter of the Registrar, Patna High Court dated 10.12.1996 (Annexure -4), whereby it was communicated to the petitioner by the High Court that having assessed and evaluated the services of the petitioner in the light of the decision of the Supreme Court dated 24.8.1993 in All India Judges Association case AIR 1993 SC 2493, the Court has been pleased to decide not to allow him benefit of enhancement of retirement age from 58 years to 60 years, thereby the petitioner has ceased to be a member of the Judicial Service on completion of age of 58 years. The petitioner has prayed for quashing of the said communication and has further prayed for a writ of mandamus or any other appropriate writ commanding the High Court to grant enhancement of service to the petitioner up to 6w years age with all benefits.

(2.) The petitioner seeks reliefs prayed for on the ground that denial of benefit of enhancement of service to the petitioner was grossly unreasonable and wholly unwarranted inasmuch as the petitioner was denied an objective and adequate consideration of his case and ostensibly this Court on its administrative side took into consideration the existence of certain extraneous facts which are wholly imaginary and non -existent. The decision was in the teeth of assertion of the Hon'ble Supreme Court in All India Judges Association case and consequently the petitioner's fundamental rights have been violated.

(3.) The petitioner entered Bihar Administrative Service (Judicial Branch) on 4.2.1963 as a Munsif. His services were confirmed in due time He served in the rank of Munsif from 4.2.1963 to 25.2.1975 at various places to the satisfaction of the High Court. There was never any complaint against him by any section of Bar, Court or the public and he was never communicated any adverse remarks and displeasure.