I N SAKSENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal on a certificate granted by the High Court of Madhya Pradesh and arises in the following circumstances. The appellant was in the service of the State of Madhya Pradesh as a District and Sessions Judge. He was born on August 22, 1908 and would in the normal course have retired on completing the age of 55 years in August 1963. But on February 28, 1963, the Government of Madhya Pradesh issued a memorandum to all the Collectors in the State. Copy of this memorandum was also sent to the Registrar, High Court as well as the Finance Department and the Accountant-General. The relevant part of this memorandum is as follows:-

(2.) In consequence of this memorandum the appellant, who would have otherwise retired in August 1963, continued in service. On September 11, 1963, the Government sent an order to the appellant in the following terms:-

(3.) On November 29,, 1963, a notification was issued by the Finance Department which was published in the Madhya Pradesh Gazette, dated December 6, 1963 in the following terms:-