IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3351 of 2009 DR.OM PRAKASH SAHA S/O LATE MOHAN LAL SAHA, R/O MOHALLA-PRABHAT COLONY, PS- PURNIA SADAR, DISTT- PURNIA------------------- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HELATH, GOVT. OF BIHAR,PATNA 3. THECISIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BEGUSARAI-- -----------------------RESPONDENTS ----------- 2 20.3.2009 Heard learned counsel for the parties. Petitioner is a Medical Officer posted at Sadar Hospital, Begusarai and due to retire on 30.6.2015. He has now chosen to pot for voluntary retirement in terms of the Rule 74 of Bihar Service Code and an application with necessary details has been made before the Principal Secretary, Department of Health, Government of Bihar which is dated 12.8.2008 as contained in annexure-1 to the writ application. Since the petitioner has not been heard by the respondents on his application up-till now he has filed the present writ application. Since the issue will have to be considered by the Department of Health, Government of Bihar after verifying the service record of the petitioner, this writ application is being disposed of with a direction upon the Principal Secretary, Department of Health, Govt. of Bihar, respondent no.2 that he shall examine the application of the petitioner and take appropriate decision preferably within a period of three months from the date of communication or production of a copy of this orders. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)