BISHUN NARARIN MISRA Vs. STATE OT UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal on a certificate granted by the High Court of Allahabad and arises in the following circumstances. The appellant was in the service of the State of Uttar Pradesh as Sub-Registrar. He was born on December 11, 1905 and was recruited in service in July 1933. At the time of his recruitment the age of retirement (or superannuation) for government servants of his class was 55 years. Therefore, normally he should have retired on December 11, 1960. But by a notification dated November 27, 1957. The Government of Uttar Pradesh (hereinafter referred to as the Government) raised the age of retirement (or superannuation) to 58 years. This meant that the appellant would have retired on December 11, 1963. On May 25, 1961, the Government again reduced the age of retirement (or superannuation) to 55 years by a notification of that date under Art. 309 of the Constitution. Further a proviso was added in the rules relating to retirement in these terms :

(2.) The effect of this order was that all Government servants who would have retired because of the change in the age of retirement after May 25, 1961 and before December 30, 1961 were retained in service up to December 31, 1961 except those who reached the age of 58 years before December 31, 1961 in which case they were to retire at the age of 58 years. In consequence of this order, the appellant who had crossed the age of 55 years before May 25, 1961 but had not crossed the age of 57 years was retired on December 31, 1961, though if the earlier rule of November 27, 1957 had continued he would have retired on December 11, 1963.

(3.) This reduction in the age of retirement led to a writ petition by one Ram Autar Pandey in the High Court challenging the power of Government to reduce the age of retirement. That petition was heard by a Full Bench of the Allahabad High Court and was dismissed on December 21, 1961 :