RAM BHAROSA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was serving the State Government as a school teacher and has reached the ordinary age of superannuation on the 1st of March, 1987. In 1983, he made an application for extension of two years of his service under the provisions of the State notification, Annexure-7. Since no order has been passed on the application and he has been made to retire on the 1st of March, 1987, he has come to this Court by the present writ application.

(2.) A decision was taken by the State Government on the 13th February, 1982 vide Annexure-6 to extend the service of a Government servant by a period of two years if he had suffered imprisonment for at least three months on account of his involvement in the 1942 National Movement, In 1983, another notification was issued, a copy whereof in Annexure-7. While reiterating the decision in Annexure-6, Annexure. 7, further stated that the Government servants who are entitled to the benefits of the decision must make their applications latest by the l5th August, 1983 and such applications which are filed thereafter, shall not be entertained. According to the petitioner's case he made his application in time.

(3.) The case of the respondents is that the petitioner did not send his application in accordance with the procedure laid down in paragraph 7 of Annexure-7 and his claim cannot be entertained and examined on merits.