(1.) Heard learned counsel for the petitioner as also learned counsel appearing on behalf of the respondents.
(2.) The petitioner who is an awardee of Ph. D degree for his research on Indian Constitution and Gandhian thought and earlier served as the Additional District and Sessions Judge, Gaya has filed the present writ petition assailing the decision of the Full Court as communicated to him by the Registrar General of this Court under Letter No. 59 dated 3.1.2002, Annexure 1 whereunder the Full Court having assessed and evaluated the services rendered by him as a judicial officer in the light of the judgment and order of the, Hon'ble Supreme Court dated 24.8. 1993, passed in review petition No. 249 of 1992 (Writ Petition No. 1022 of 1988 All Indian Judges Association and Ors. v. The Union of India and Ors., decided not to grant him the benefit of enhancement of retirement age from 58 years to 60 years. He has further prayed for a direction to the respondent authorities to allow him the benefit of the enhanced retirement age from 58 years to 60 years with all consequential benefits.
(3.) The ground of challenge raised against the decision of the Full Court not to extend his service up to 60 years is that the said decision of the Full Court is contrary to the criteria laid down by the Hon'ble Supreme Court in the case of All India Judges Association and Ors. v. The Union of India and Ors. and has been recorded ignoring the unblemished and good service record of the petitioner for about 26 years. In support of the aforesaid contention the petitioner has submitted that he was appointed as a Munsif in the Bihar Judicial Service after he became successful in the competitive examination conducted by the Bihar Public Service Commission for appointment in the said service, whereafter he was appointed Munsif on probation vide Memo No. 158-A dated 10.6.1975 which post he joined on 22.11.1975. Considering the satisfactory service rendered by the petitioner as Munsif he was confirmed vide Notification dated 21.1.1988 with effect from 22.11.1977. Service of the petitioner being satisfactory he was promoted to the rank of Subordinate Judge under Memo No. 350-H dated 6.11.1986 and served in the capacity of Subordinate Judge, Registrar, Civil Court, Chapra from, where he was transferred to Buxar in 1989 where he served as Subordinate Judge-cum-Additional Chief Judicial Magistrate. From Buxar he was transferred to Araria as Subordinate Judge-cum-Chief Judicial Magistrate vide Notification of the High Court bearing Memo No. 127-A and 152-A dated 19.3.1990 and 6.4.1990 where he joined on 21.5.1990. This Court being satisfied with his performance over, deputed him to serve the State Government as Presiding Officer, Labour Court, Jamshedpur where he joined in January, 1991 but on account of circumstances which were not conducive to his temperament, he was constrained to request the High Court to take his service back. Considering the request of the petitioner, his service was taken back from the State Government and he was initially posted as Subordinate Judge, Jamshedpur and then transferred to Khagaria and then to Aurangabad in the capacity of Subordinate Judge. He joined in Aurangabad in May, 1994 and continued there till June, 1996. Considering the overall satisfactory service the petitioner was promoted to Bihar Superior Judicial Service and posted as Additional District and Sessions Judge, Dhanbad vide Notification of the Bihar Government bearing Memo No. 5292 dated 24.5.1996. Soon thereafter, he was placed under suspension with immediate effect in contemplation of the disciplinary proceeding against him in terms of the resolution of the Standing Committee taken in the proceedings dated 28/29.6.1996. The charges which became the subject matter of the departmental enquiry initiated against the petitioner, according to the petitioner, were already enquired into by the then Hon'ble Inspecting Judge Mr. Justice Chy. S.N. Mishra and his Lordship had found those charges to be baseless and then only the petitioner was promoted to the Bihar Superior Judicial Service. Under the proceedings of the Standing Committee dated 6.11.1996 it was resolved to request Mr. Justice P.K. Sarin to conduct a disciplinary proceeding initiated against the petitioner. Sri Justice Sarin conducted the enquiry and submitted his report dated 30.4.1998 which was considered by the Standing Committee whereafter suspension of the petitioner was revoked and he was reinstated and posted as Additional District and Sessions Judge, Dhanbad with, all consequential benefits and he continued at Dhanbad in the same capacity until 19.3.2001. During the period between June, 1998 to March, 2001 judgeship of Dhanbad was inspected by two of the Hon'ble Judges of this Court and from the inspection note as contained in Annexures 2 and 3 it appears that the performance of the petitioner was found good. From Dhanbad the petitioner was transferred to Gaya and at Gaya his performance as is evident from the quarterly assessment of wok, performance, disposal chart as contained in Annexure 4 series was good. Considering the fact that he was exonerated in the departmental proceeding and reinstated in service with full arrears of salary as also the fact that his out turn was good he was first confirmed in the cadre of Bihar Superior Judicial Service vide Notification dated 17.3.2001 with effect from 1.2.1998 and then promoted to the selection grade vide Notification bearing Memo No. 428 dated 21.9.2001.