Govind Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11373 of 2024 ====================================================== Govind Thakur Son of Late Rajman Thakur, resident of village- Basantpur, P.O. - Rupdih, P.S. - Muffasil, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The General Commandant (Maha Samadesta), Grih Rakshi Vahii, Old Secretariat, Patna Bihar.

3.

The Divisional Commandant, (Samadeshta), Gri Raksha Vahini, Muzaffarpur, Bihar.

4.

The District Magistrate, East Champaran, Motihari. 5.

The District Commander (Zila Samadeshta) Grih Raksha Vahini, East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Respondent/s :

Mr.Ramadhar Singh, Government Pleader (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-08-2024 Heard Mr. Pravin Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ramadhar Singh, learned G.P. No.25 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "That this writ application for commanding the respondent authorities no.2 to 5, the respondent no.5 without verifying the document of the petitioner issued superannuation letter in favour of the petitioner on 19.12.2023 vide letter no.5646 and directing the petitioner to superannuate on 31.12.2023.

Meanwhile the date of birth of the petitioner is 08.06.1966 as per date of birth, the

Patna High Court CWJC No.11373 of 2024(2) dt.01-08-2024 2/2 petitioner should have retired on 30.06.2026 after completing age of 60 years.

Because of as per the government regulations the retirement age is 60 years.

But the petitioner was retired on 31.12.2023 against the government regulation."

3. Considering the nature of relief(s) as sought for in paragraph no.1 of the writ petition and the transfer certificate, I find that the petitioner may avail remedy for getting his age declared by filing declaratory suit before the competent civil court having jurisdiction.

4. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/- U