KANHAIYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Choudhary, learned senior counsel, duly assisted by Mr. Rajeev Kumar Singh and Mr. Akshansh Ankit, learned counsel for the writ petitioner-appellant. The State is represented by Mr. S.D. Yadav, learned AAG-9.

(2.) The challenge in the present Letters Patent Appeal is to an order dtd. 31/7/2019 passed by the learned Single Judge in C.W.J.C. No. 20149 of 2018.

(3.) The sole ground for challenge made in the present appeal as canvassed by the learned senior counsel is that while passing the order under appeal, the learned Single Judge failed to appreciate the fact that on the date of application for "Voluntary Retirement" submitted on behalf of the writ petitioner-appellant on 3/7/2010, there was no impediment to grant the benefit under V.R.S., as the writ petitioner-appellant had completed 22 years of service and had already attained the age of 50 years and he was not under suspension, hence in view of the settled proposition of law as per Rule 74(b) of the Bihar Service Code prescribing the provision of voluntary retirement by way of three months notice is automatic and the appellant cannot be denied the privilege of voluntary retirement.