VIDYANAND SINBA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was employed in Class II senior service in the Agriculture Department of the State of Bihar and was prematurely retired in November, 1974 by the order contained in Annexure 2, dated 19.11.1974 sent to the petitioner with the letter Annexure 2(1), dated 22.11.1974. On 25.11.1974, the petitioner filed the present writ application under Articles 226 and 227 of the Constitution of India for quashing Annexures 2 and 2 (1). The impugned order stated that the Government had taken a decision of compulsorjly retiring the petitioner under Rule 74 (a) of the Bihar Serivce Code and he should treat himself retired with effect from the date of the order.

(2.) Mr. Baidyanath Prasad, learned Counsel for the petitioner, raised two points in support of this application, namely, -

(3.) Under Rule 74(b) of the Bihar Service Code, as it stood before its repeal by cartain Ordinances of 1976, the appointing authority of a Government servant could require him, in public interest, to retire from the service on the date on which he completed 30 years of qualifying srvice or attained 50 years of age or on any date thereafter after giving a three months' notice. An option to retire was also given to the Government seavant.