VISHWA MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution against order No. 9110, dated the 1st August 1964 of the Appointment Department of the Government of Bihar (Annexure C), directing the compulsory retirement of the petitioner from Government service after the expiry of a period of three months from the date on which the order was served on him

(2.) The petitioner's date of birth appears to be the 13th March 1908. He joined Government service in 1933 and after holding various posts was promoted to officiate as Deputy Secretary of the Legislative Department in 1962. Under the rules then in force he would have superannuated on attaining his 55th year on the 13th March 1963. The Speaker of the Legislative Assembly, under whom the petitioner was working, first wrote to the Government in his letter, dated the 23rd May 1963 (Annexure I to the counter-affidavit) that the petitioner may be given six months' notice and asked to retire. Subsequently in his letter, dated the 31st May 1963 (Annexure II of the counter-affidavit), he informed the Government that he was not fully satisfied with the work of the petitioner, adding that the petitioner was unable to do that amount of work which he was required to do. After considering his report the Government issued the impugned order on the 1st August 1964, in the following terms:--

(3.) Prior to 1963 the rule regarding superannuation of Government servants was regulated by Rule 73 (a) of the Bihar Service Code, which was as follows:--