IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1243 of 2007 Dr. Virendra Nath Bishwas, Son of Sri Phagu Lal Bishwas, Resident of Village Daspatter, Police Station Dagruva, District Purnea at present posted as Medical Officer, Primary Health Centre, Kishanganj. ------------ Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Kishanganj, District Kishanganj. -------- Respondents ----------- 2 26.08.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the very limited grievance of the petitioner pertaining to his acceptance of offer of voluntary retirement, this Court, without going into the rival contention of the parties, would straightway direct the Principal Secretary of the Health Department to consider the prayer of the petitioner for voluntary retirement within a period of three months from the date of receipt/production of a copy of this order. Let it be made clear that this Court has expressed no opinion on the merit of the claim of the petitioner seeking voluntary retirement but then in terms of Rule 74 of the Bihar Service Code, if the petitioner had 2 approached the competent authority way back in the year 2005 by filing his application on 4.3.2005, the authority ought to have taken a final decision. In that view of the matter, this writ application is disposed of with a direction to the respondent Principal Secretary of the Health Department to take a final decision within aforesaid period of three months. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)