Judgment

GAJENDRAGADKAR C.J.I.: The short question which arises in this appeal by special leave is whether the order passed by the President of India on May 15, 1961, approving the action which was proposed to be taken against the appellant, Jyoti Prokash Mitter, amounts to a decision on the question about the appellant s age as a Judge of the Calcutta High Court under Art. 217(3) of the Constitution. In the note placed before the President along with its accompaniments it was proposed that the appellant should be informed that his correct date of birth had been determined to be December 27, 1901, and so, he should demit his office of puisne Judge of the Calcutta High Court on December 26, 1961 on which date he would attain the age of 60. The draft of the letter which was intended to be sent to the appellant in that behalf was also placed before the President. On the file, the President made an order "approved"; and the question is whether this is an order which can be related to Article 217(3). It is true that this order was passed on May 15, 1961, whereas clause (3) of Art. 217 which was added in the Constitution by the Constitution (Fifteenth Amendment) Act, 1963, came into force