JUDGMENT

S.P. Kurdukar, J.-The civil appeal by Special Leave is filed by the State of Andhra Pradesh and another challenging the legality and correctness of the judgment and order dated August 7, 1984 passed by the Andhra Pradesh Administrative Tribunal in review representation being Misc. Petition No. 322 of 1984 in Representation Petition No. 142 of 1978 filed by the respondent.

2. A few facts relevant for the disposal of this appeal may be briefly summarised as under :-

The respondent was appointed on 18th April, 1945 as Tehsildar in revenue department of the erstwhile State of Hyderabad. On reorganisation of the States on Ist November, 1956, the respondent was allotted State of Andhra Pradesh. In the year 1957, he was promoted as Deputy Collector.

3. While serving as the Deputy Collector, the respondent applied for and granted leave from 11th June, 1963 to 10th June, 1968. While on leave, on 14th November, 1964, the respondent sought pre-mature retirement. The Board of Revenue informed the respondent that the Govt. servant in superior service governed by old pension rules had the option to retire from service only after completion of 25 years of qualified service. While sanctioning