SHYAM DEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ petition, petitioner, who is a member of Bihar Superior Judicial Service, has prayed for quashing of the order dated 17 -3 -2000 communicated by the Registrar -General of this Court vide Memo No. 6130 (Annexure -1) while he was posted as District and Sessions Judge, Nawada informing him that pursuant to the judgment and orders of the Supreme Court dated 24 -8 -1993 passed in Review Petition No. 249 of 1992 (Writ Petition No. 1022 of 1989 - All India Judges' Association and Ors. v. The Union of India and Ors. the Court having assessed and evaluated his services, have been pleased not to allow him the benefit of enhancement of retirement age from 58 years to 60 years, and that in view of the aforesaid decision of this Court, he was ceased to be the member of the Judicial Service of the State on completion of the age of 58 years.

(2.) In short, the case of the petitioner is that he was born on 15 -9 -1942 and joined the Bihar Judicial Service on 4 -4 -1974 as Munsif. He was prompted as Additional Sub -Judge on 17 -8 -1983. He was prompted as Sub -Judge with effect from 23 -8 -1984 vide High Court's notification No. 130 -A dated 18 -4 -1985 and was posted as Chief Judicial Magistrate, The High Court on consideration of the service record prompted him in Senior Selection Grade vide notification No. 154 -A dated 5 -4 -1989 with effect from 22 -9 -1986 and later on, the post of Additional District and Sessions Judge vide notification No. 3040 dated 16 -4 -1987 on which he was confirmed vide notification No. 294 -Adated 21 -7 -1989 with effect from 22 -9 -1986.

(3.) It is stated that the petitioner, while posted as Additional Districts and Sessions Judge at Dhanbad, was nominated as member of the Appointment Committee for appointment of Class IV employee and in course of that some differences cropped up between him and the then District and Sessions Judge, who might have carried it and whispered against him. However, later his performance at Dhanbad was evaluated by the Inspecting Judge in 1995, who found his work and conduct quite satisfactory. The High Court again considered the case of the petitioner for confirmation after examining his entire service record and decided to confirm him in service vide notification No. 260 -A dated 26th May, 1994. Later, he was transferred from Dhanbad to Araria, where the Inspecting Judge on inspection made in the year 1998 appreciated his performance and have his remarks in the inspection note that "On assessment of out -turn and quality of judgment including the performance as a whole this Officer deserves commendation."