Petitioner challenged apprehension of retirement without authorized notification. Court held matter premature due to absence of specific retirement notification and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25146 of 2019
======================================================
Jyotindra Kumar, aged about 58 years, Male, S/o Jitendra Kumar Vishwakarma, R/o 726/527, J.K. Sadan, Rajendra Path, Benibagicha, P.S. Gandhi Maidan, Distt.- Patna- 800001.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shri Prakash Tiwari For the Respondent/s : Mr.Md. N.H. Khan (Sc1) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 20-12-2019 Learned counsel for the petitioner submits that the petitioner got message from the Home Guard Office that he is going to retire on 31.12.2019 from the post of Home Guard but from perusal of Annexure-5 itself, it appears that this message was not sent by any authorized person or by the Controlling Authority. The petitioner has got mere apprehension of being retired on 31.12.2019 whereas there is specific notification as
Patna High Court CWJC No.25146 of 2019(2) dt.20-12-2019 2/2
contained in Annexure-4 that the Home Guard shall retire after
completion of 60 years of age.
In this view of the facts, I find that this writ petition is
premature. Accordingly, the writ petition is dismissed.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U
1 issue framed by the court
Whether the writ petition challenging premature retirement apprehension is maintainable when no specific retirement notification has been issued yet.
Jyotindra Kumar
The State of Bihar through the Director General of Police
The Director General-cum-Commandant General, Home Guard
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
