VINOY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India the petitioner has challenged the decisions of the respondent-authorities vide order contained in Annexure-5 whereby the written prayer of the petitioner for voluntary retirement was treated as an application of resignation. The challenge is on the ground that the impugned order suffers from arbitrariness and is violative of the legal right of the petitioner.

(2.) The petitioner joined in State Health Services on07.09.1987. On 31.10.2005 the petitioner filed an application to the Secretary, Government of Bihar, Health Department, stating therein that due to certain personal and family reasons the petitioner is not in a position to discharge his official duty with responsibility. Hence, he may be permitted to retire voluntarily with effect from 01.02.2006. Since, the petitioner had not completed 20 years of service for retiral benefit. Hence, the petitioner made further prayer in the said application that the intervening period between 01.11.2005 to 31.01.2006 be treated as period spent on extra-ordinary leave. The application was forwarded through the Principal of Patna Medical College and an advance copy was sent to the Secretary, Department of Health (Medical Education), Government of Bihar. The application of the petitioner dated 31.10.2005 is at Annexure-1. Thereafter, the petitioner again sent letter dated 28.04.2006 to the Secretary concerned drawing attention of the Secretary towards his earlier letter dated 31.10.2005 and further stated that if the department has any technical objection in allowing the prayer of voluntary retirement, the petitioner be permitted to retire from the service.

(3.) The technical difficulty in allowing voluntary retirement was that the petitioner had not completed 30 years of qualifying service or attained 50 years of age on the date of application for voluntary retirement as required by Rule 74(b) of the Bihar Service Code.