RAJ KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON 31st January, 1994 the writ petitioner, appellant, having worked for thirty two years and two months was to attain his age of superannuation.

(2.) ON 28th November, 1956 the Government made a rule under proviso to Article 309 of the Constitution of India and thereby authorized the State Government to relax any rule regulating the conditions of service of the State Government employees or any Class of such Government servants to the extent the same causes undue hardship to any particular case.

(3.) THE writ petitioner, appellant, on 25th June, 1993, i.e. about six months before his retirement, requested the Government for extension of his service by ten months so as to enable him to serve for thirty three years for obtaining full pension. When such request was made, the writ petitioner, appellant, brought to the notice of the Government the aforementioned rule made by the Government under proviso to Article 309 of the Constitution of India on 28th November, 1956 and also supplied a copy of the order of the Government dated 1st April, 1993 whereby the period of service of Sri Gorakh Prasad was extended from 1st April, 1993 to 31st July, 1994 only for the purpose of enabling Sri Gorakh Prasad to obtain full pension upon completion of thirty three years service.