A PIL taught that the petitioner is desirous of voluntary retirement under Rule-74 of the Bihar Service Code, having fulfilled requirements. The court directed the respondents to consider the request and pass appropriate orders.
Respondents to consider petitioner's request for voluntary retirement and pass appropriate orders.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15377 of 2012
====================================================== 1. Dr. Vinay Kumar Son Of Late Bhuvneshwar Prasad Mehta Resident Of 23/43 , Street Radha Rani Sinha Road, P.S. Adampur District Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Health Department, Govt. Of Bihar, Patna 2. The Director, Department Of Health, Bihar, Patna 3. The Civil Surgeon Jawahar Lal Medical College And Hospital, Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. Vinay Kriti Singh Sc5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 17-12-2012 Heard learned counsel for the petitioner and the State. The petitioner desires to be considered for voluntary retirement under Rule-74 of the Bihar Service Code. It is submitted that he fulfills the requirements for the same. Earlier application for voluntary retirement dated 18.4.2012 need not be discussed as the petitioner admits to have worked till 9.12.2012 and has received salary also. He is stated to have submitted a fresh application for voluntary retirement on 27.11.2012 as was submitted during the course of hearing. It has also been stated in the writ application that there are no proceedings pending against him.
Counsel for the State has no objection to the disposal of this application in terms of a similar direction in
Patna High Court CWJC No.15377 of 2012 (2) dt.17-12-2012
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C.W.J.C. No. 12999 of 2012 reckoning the relevant period under Rule-74 of the Code from 27.11.2012.
The Court is informed that the period of 25 years mentioned in the earlier order is an error and the notification correctly prescribes for a qualifying service of 20 years.
Let the respondents consider the request of the petitioner and pass appropriate orders in accordance with law, failing which the law shall take its course normally based on judicial interpretations of Rule-74.
The writ application stands disposed.
P. Kumar/-
(Navin Sinha, J)
1 issue framed by the court
Whether the petitioner is eligible for voluntary retirement under Rule-74 of the Bihar Service Code.
Colour shows how this judgement treated each authority
Patna High Court CWJC No.15377 of 2012Relied on¶3
Patna High Court CWJC No.15377 of 2012 (2) dt.17-12-2012
C.W.J.C. No. 12999 of 2012Referred¶6
C.W.J.C. No. 12999 of 2012
1 provisions across 1 enactments
Dr. Vinay Kumar Son Of Late Bhuvneshwar Prasad Mehta
The State Of Bihar Through Principal Secretary Health Department, Govt. Of Bihar, Patna
The Director, Department Of Health, Bihar, Patna
The Civil Surgeon Jawahar Lal Medical College And Hospital, Bhagalpur
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
