JUDGMENT

A.M. Ahmadi, CJI. - Leave granted.

2. The respondent Dr. Girish Bihari, a member of the Indian Police Service, was to reach the age of superannuation on 5th March, 1996 and therefore was to retire from service with effect from the afternoon of 31.3.1996 i.e. on the last date of the month in which he reached that age. On 20th March, 1996, the Governor, State of Uttar Pradesh by an order under Rule 16 of All India Services (Death-cum-Retirement Benefit) Rules, 1958 (hereinafter referred to as "the Rules") passed an order for extension of the service of Dr. Girish Bihari for 6 months from the date of his retirement i.e. 31.3.1996. On 23rd March, 1996, the Governor in exercise of powers under Section 21 of the General Clauses Act issued the impugned order cancelling the earlier order dated 20th March, 1996 granting extension to the appellant.

3. The surrounding circumstances of the case are as under :-

On 18th October, 1995, under a proclamation issued under Article 356 of the Constitution by the President, the President assumed to himself all functions of the Government as well as the powers vested in or exercisable by the Governor. Having assumed powers under Article 356, the Pr