Altamas Kabir, J. - (1.) The writ petitioner, who, after his selection was appointed and joined the judicial service as Judicial Magistrate at Betia on 9th June, 2005 has challenged the invocation of Rule 74(b)(ii) of the Jharkhand Service Code, whereunder he was compulsorily retired from service.
(2.) It is the petitioner's case that he was posted in different places and ultimately in January, 1988, he has posted as the Sub Divisional Judicial Magistrate, Jamshedpur and while functioning as Sub Divisional Judicial Magistrate, he was promoted to the post of Subordinate Judge in the year 1990 at Jamshedpur. In the year 1991, he was transferred to Muzaffarpur in the same capacity, and in September, 1993 he was posted at Benipur as the Subordinate Judge-cum-Additional Chief Judicial Magistrate. The petitioner was also posted at Seraikella and thereafter in the month of May, 1999 he was promoted to the post of the Chief Judicial Magistrate, where he worked till the month of April 2001.
(3.) After the creation of the State of Jharkhand, the petitioner was allotted to the Jharkhand cadre by order dated 20th March, 2001 and while functioning as the Subordinate Jude at Chatra, he made a representation on 18th April, 2004 before the Patna High Court for change of the cadre from Jharkhand to Bihar. On coming to learn that the said representation should have been made to the High Court of Jharkhand, the petitioner subsequently applied to the Jharkhand High Court on 25th May, 2001. According to the writ petitioner, while his said representation was pending, he was communicated with the order of his compulsory retirement dated 17th July, 2001 passed by the Deputy Secretary, Department of Personnel & Administrative Reforms, Government of Jharkhand informing him that he had been compulsorily retired from service.;