(1.) By this petition under Article 226 of the Constitution, validity of a Government notification lowering the age of superannuation has been challenged. Ram Autar Pandey is the petitioner. The State of Uttar Pradesh and the District Judge, Mainpuri are the two opposite Parties.
(2.) The petitioner was born on the 4th of May 1906. He joined service in 1929 in Mainpuri judgeship. He is at present occupying the post of Record Keeper in the said judgeship. Under Rule 56 of the U. P. Fundamental Rules, it was laid down that the date of compulsory retirement of a Government servant is the date on which he attains the age of 55 years. By a Government notification issued on 27-11-1957 (hereafter referred to as 1957 notification) the figure '58' was substituted for the figure 55' in Fundamental Rule 56. According to this notification, the petitioner could remain in service till the completion of 58 years. It was expected that he would not retire from service till May 1964.
(3.) On 25-5-1961, the Governor of Uttar Pradesh issued two notifications. By the first notification dated 25-5-1961 (hereafter referred to as the principal notification), it was laid down that the figure '55' shall be substituted for the figure '58' in Fundamental Rule 56. It was further laid down in the said notification that a Government servant shall be deemed to have been retained in service beyond the date of compulsory retirement till the date of the notification.
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