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2002 DIGILAW 1383 (PAT)

Prem Chandra Jha v. State Of Bihar

2002-12-05

CHANDRAMAULI KR.PRASAD

body2002
Judgment 1. Constitution makers in wildest of their dream must not have thought that citizen will have to come to this Court for the relief which they have claimed in the present application. To use a mild expression this uncalled for litigation has come to this Court on account of total inefficiency of the State Government. 2. Petitioners are medical officers and joined the service on 1.10.81 and 10.8.81 respectively. They applied for voluntary retirement as provided under Rule 74 of the Bihar Service Code on 8.7.2002 and 16.7.2002 respectively. When no decision was taken on the request made by them, they chose to file this writ application. 3. Counter affidavit has been filed on behalf of the respondents in which the notification dated 1.11.2002 (Annexure-A) accepting the voluntary retirement of petitioner no. 1 from the date of issuance of the notification under Rule 74(b) of the Bihar Service Code has been placed on record. Notification dated 15.11.2002 (Annexure-B) has also been placed on record which shows that the voluntary retirement of petitioner no. 2 has been accepted from 16.7.2002. 4. Mr. Dhrub Narayan. learned counsel appearing on behalf of the petitioners, states that in view of the notification dated 1.11.2002 (Annexure-A), grievance of petitioner no. 1 does not survive. However, he points out that so far as petitioner no. 2 is concerned her voluntary retirement has been accepted from 16.7.2002 by notification dated 15.11.2002 which shall deprive her the benefits of service from 16.7.2002 to 15.11.2002, although she had worked for the said period. Learned counsel appearing on behalf of the State is unable to justify it. 5. Let the date of acceptance of voluntary retirement of petitioner no. 2 be treated as 15.11.2002 i.e. the date on which notification was issued and necessary corrigendum be issued within three weeks from the date of communication/ receipt of a copy this order. 6. I wonder, when the State Government can take decision after filing of the writ application; why it can not take decision earlier.Many of the writ applications filed before this Court are only to expedite the decision by the State Government. This is the state of affairs which the State Government must address itself Application stands disposed of in the aforesaid terms.