Judgment

BHAGWATI, J. : This appeal on a certificate under Article 133 (1) (a) of the Constitution arises out of the appellant s suit for compensation against the Saurashtra State for his premature retirement from service.

2. On the 2nd August 1936 the appellant was appointed officiating Sarnyayadhis in the Wadhwan State on a monthly salary of Rs. 150. He was confirmed on the 20th September 1936 and continued to serve the Wadhwan State till the administration of the State was made over to the Saurashtra Government on the 16th March 1948. The Ruler of the Wadhwan State appointed in 1946 a Committee to frame rules for the conditions of service and for pensions and other matters regarding the services. The Committee made its report on the 22nd November 1947 and on the recommendations of the Committee the Ruler of the Wadhwan State promulgated on the 3rd February 1948 Dhara (Act) No. 29 of St. 2004 which came into force with effect from the 1st January 1948. Section 5 of this Dhara fixed the superannuation age for the State Civil servant at 60 and the Appellant thus became entitled to remain in service till he completed his age of 60 years.

3. The Rulers of the Kathiawar States including