Chandramauli Kr.Prasad, J.

1. On a difference of opinion between the Judges constituting the Division Bench, this case has been placed before me.

2. Facts lie in a narrow compass. Petitioners are the members of the Bihar Judicial Service and on the recommendation of the High Court, the State Government in exercise of its power under Rule 74 (b) (ii) of the Bihar Service Code (hereinafter to be referred to as the Code) made the petitioners to retire from service in public interest by giving an amount equal to three months pay and allowance in lieu of three months previous notice. The pay and allowance in lieu of notice, although have been paid, but not on the date or prior-to the termination of their services.

3. Honble Mr. Justice Aftab Alam finding the order of retirement of the petitioner in public interest to be bad in law on account of non payment of pay and allowance simultaneously or prior to the date of termination of their services, set aside the same and while doing so he observed as follows:-

"27. To my mind the requirements of rule 74(b)(ii) are plain and simple. The Appointing Authority proceeding to require a government servant to retire in terms of the rule is