JUDGMENT :

1. In this application under Article 226 of the Constitution of India the petitioner has challenged the decisions of the respondent-authorities vide order contained in Annexure-5 whereby the written prayer of the petitioner for voluntary retirement was treated as an application of resignation. The challenge is on the ground that the impugned order suffers from arbitrariness and is violative of the legal right of the petitioner.

2. The petitioner joined in State Health Services on 07.09.1987. On 31.10.2005 the petitioner filed an application to the Secretary, Government of Bihar, Health Department, stating therein that due to certain personal and family reasons the petitioner is not in a position to discharge his official duty with responsibility. Hence, he may be permitted to retire voluntarily with effect from 01.02.2006. Since, the petitioner had not completed 20 years of service for retiral benefit. Hence, the petitioner made further prayer in the said application that the intervening period between 01.11.2005 to 31.01.2006 be treated as period spent on extra-ordina