I N SAKSENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application under Art. 226 of the Constitution of India the petitioner seeks a writ of certiorari for quashing an order made by the Government on 11th september 1963 retiring him from service with effect from 31st December 1963. The petitioner further prays that the State Government be restrained by a suitable direction from giving effect to the aforesaid order of the Government and it be declared that he is still in service.

(2.) THE relevant facts are that the applicant was born on 22nd August 1908. He entered the Judicial Service of the old Central Provinces and Berar in 1935 as a subordinate Judge. About a year after the formation ef the new State of Madhya pradesh the petitioner was appointed as a District and Sessions judge in November 1957 and was confirmed in that post in April 1962. In accordance with fundamental Rule 56 as it stood until 1st March 1963 fixing the age of 55 years as the age of superannuation, the applicant would have retired from service on 21st august 1963 when he attained the age of 55 years. But on 28th February 1963 by a memorandum issued "by order and in the name of the Governor of Madhya pradesh", the age of superannuation was raised to 58 years with effect from 1st march 1963, subject to certain exceptions stated in the memorandum. That memorandum runs as follows:

(3.) ON 29th November 1963, Fundamental Rule 56 as It existed till 1st March 1963 was substituted by new Fundamental Rule 56. This was done by a direction made by the Governor in the exercise of the powers conferred on him by the proviso to article 309 of the Constitution. The notification bringing about this change, which was published in the Madhya Pradesh Gazette dated 6th December 1963, was in the following terms:-