JUDGMENT

Mrs. Sujata V. Manohar, J.-At the material time, respondent No. 1 was holding the post of Senior Prosecuting Officer, Agra. The date of birth of respondent No. 1 was 20.10.1919. In the ordinary course, he would have retired on superannuation on attaining the age of 58 years on 20th of October, 1977. The first respondent, however, took voluntary retirement after completion of thirty one and a half years of service on 12th of April, 1976. He has been granted retirement benefits including pension and gratuity accordingly. Respondent No. 1 took voluntary retirement under the provisions Fundamental Rule 56 of Uttar Pradesh Fundamental Rules. Under Rule 56(c), "the Government servant may by notice to the appointing authority voluntarily retire at any time after attaining the age of 45 years or after he has completed qualifying service of 20 years." By the Uttar Pradesh Fundamental Rule 56 (Amendment Act), 1976, certain amendments were made to Rule 56. Under one such amendment, sub-clause (e) of Rule 56 was amended by adding a proviso. Original Fundamental Rule 56(e) provided as follows:

"56 (e): A retiring pension shall be payable and other retirement benefits, if any, shall be av