JUDGMENT

Shah, J.-Question involved in this petition is -Can, for any reason, it be held that Service Rule which provides that an officer who has no potential for continued useful service beyond a particular age, is invalid? No -will be the obvious answer for various reasons. Further, there can be no right of an employee to continue in service de hors statutory or administrative rule prescribing superannuation age and continuation in service could be only subject to the conditions provided. The question which requires consideration by the authorities is-Have we not reached a stage where services of government or semi-government employees should be regulated in such a way that only such persons who can render useful service be continued and not the indolent, infirm and those of doubtful integrity, reputation or utility? Periodical exercise of reviewing or evaluating the utility is required for better administration and for removal of dead wood or persons having doubtful integrity and reputation.

2. Petitioner s case is that he was appointed on 14th January, 1981 by the High Court of Orissa as a temporary Munsif and he was confirmed in the said post on 21st December, 1985; he was prom