PRATIMA ROY Vs. STATE

JUDGEMENT

(1.) HEARD counsel for the petitioner, Mr. Uday Pratap Singh No. 1 and Mr. J.D. Singh, O.P.I appearing for the State.

(2.) THE petitioner was a member of the Bihar Health Services and at the material time she was posted as medical officer against a leave reserve post in the office of the Civil Surgeon, Bettiah, West Champaran. On 16.4.1998 after completion of thirty years of service, she made an application seeking voluntary retirement in terms of Rule 74(b) of the Bihar Service Code . In her application the petitioner stated that her old mother -in -law needed looking after and she herself suffered from some ailment of bones and, therefore, she desired to take voluntary retirement. It is significant to note that in her application the petitioner did not mention any date with effect from which she might be allowed to go on voluntary retirement but only asked for approval to her request.

(3.) EVIDENTLY , the later application for recall of her request for voluntary retirement was disregarded and by notification dt. 21.7.2000 she was retired from service 'voluntarily ' with effect from the date of the notification.