PREM CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) CONSTITUTION makers in wildest of their dream must not have thought that citizen will have to come to this Court for the relief which they have claimed in the present application. To use a mild expression this uncalled for litigation has come to this Court on account of total inefficiency of the State Government.

(2.) PETITIONERS are medical officers and joined the service on 1.10.81 and 10.8.81 respectively. They applied for voluntary retirement as provided under Rule 74 of the Bihar Service Code on 8.7.2002 and 16.7.2002 respectively. When no decision was taken on the request made by them, they chose to file this writ application.

(3.) MR . Dhrub Narayan. learned counsel appearing on behalf of the petitioners, states that in view of the notification dated 1.11.2002 (Annexure -A), grievance of petitioner no. 1 does not survive. However, he points out that so far as petitioner no. 2 is concerned her voluntary retirement has been accepted from 16.7.2002 by notification dated 15.11.2002 which shall deprive her the benefits of service from 16.7.2002 to 15.11.2002, although she had worked for the said period. Learned counsel appearing on behalf of the State is unable to justify it.