Mohamad Yunus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4413 of 2022 ====================================================== Mohamad Yunus Son of Sulman Dewan Resident of Village- Ram Nagar, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director General cum Commandant General, Bihar Home Guard, Patna Bihar.

3.

The District Collector, Motihari, East Champaran. 4.

The District Commandant, Bihar Home Guard, Motihari, East Champaran. 5.

The Deputy Commandant, Bihar Home Guard, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP- 4 ) Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2023 The present writ petition has been filed seeking the following reliefs:- "1.I. For issuance of a writ in the nature of Certiorari quashing the Memo No 2120 dated 11-12-2021 issued under the signature of the District Commandant, Bihar Home Guard, Motihari, East Champaran as contained in Annexure-2 to this writ application whereby and whereunder the petitioner has been informed that he will be retired from his service with effect from 31-12-

Patna High Court CWJC No.4413 of 2022(2) dt.09-11-2023 2/3 2021 on the age of 60 years of the service.

II. For issuance of a writ in the nature of Mandamus commanding and directing the Respondents to not retire the petitioner from his service as the date of birth of the petitioner is 17-5-1967 and accordingly the petitioner will be retire from service on 31-04-2027."

2.

At the outset, the learned counsel for the parties are in agreement that the issue under consideration in the present writ petition can be resolved if a Medical Board is constituted and the age of the petitioner is determined.

3.

In view of the aforesaid, the Director General Cum Commandant General, Bihar Home Guard, Bihar, Patna, is directed to ensure that a Medical Board is constituted under the chairmanship of the Civil Surgeon, Patna and the exercise for age determination of the petitioner is undertaken and concluded within a period of two weeks from today whereupon, considering the age determined by the aforesaid Medical Board, the Director General Cum Commandant General, Bihar

Patna High Court CWJC No.4413 of 2022(2) dt.09-11-2023 3/3 Home Guard, Bihar, Patna, shall pass necessary orders regarding the service period of the petitioner, within a period of one week, thereafter. 4.

The present writ petition stands disposed off with the aforesaid observations and directions. 5.

Let a copy of this order be communicated to the Director General cum Commandant General, Bihar Home Guard, Bihar, Patna, by the registry of this Court.

(Mohit Kumar Shah, J) S.Sb/- U