IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14045 of 2011 Rajendra Prasad Yadav son of late Bipat Rai, resident of Village- Chandmari, P.S.-Shahpur, in the District of Patna. ........Petitioner Versus 1. The Principal Secretary, Home(Special) Department Government of Bihar, Patna-15. 2. The Inspector General of Prisons, Bihar, Patna-15. 3. Superintendent Central Jail, Motihari. 4. Superintendent, District Jail, Bettiah. ........Respondents ----------- 02 17.10.2011 Petitioner is a Warder, posted in the District Jail at Bettiah, in the District of West Champaran. He has been unable to perform his responsibility of the post for many a month now, because he is not only suffering from heart ailment but may be even jaundice. He feels that he is may not get well enough to shoulder the responsibility for the balance of the period of his service. He has filed an application before the concerned authority to consider his case for voluntary retirement in terms of Rule 130 of the Bihar Service Rules. Petitioner is supposed to have completed 55 years of age and according to him he fulfills other requirements which go with such voluntary retirement. Without expressing any opinion on the merit of such a claim, the writ application is disposed of with a liberty to the petitioner that he may file a fresh application before the I.G. Prison, Government of Bihar, who shall consider such a claim within the parameter of law and take a decision preferably within a period of three months from the date of filing of such application. Writ is disposed of with the above direction. Safik (Ajay Kumar Tripathi, J.)