Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the High Court of Allahabad and arises in the following circumstances. The appellant was in the service of the State of Uttar Pradesh as Sub-Registrar. He was born on December 11, 1905 and was recruited in service in July 1933. At the time of his recruitment the age of retirement (or superannuation) for government servants of his class was 55 years. Therefore, normally he should have retired on December 11, 1960. But by a notification dated November 27, 1957. The Government of Uttar Pradesh (hereinafter referred to as the Government) raised the age of retirement (or superannuation) to 58 years. This meant that the appellant would have retired on December 11, 1963. On May 25, 1961, the Government again reduced the age of retirement (or superannuation) to 55 years by a notification of that date under Art. 309 of the Constitution. Further a proviso was added in the rules relating to retirement in these terms :

"Provided that a Government servant who had not retired on or before June 17, 1957 but has subsequently attained the age of 55 years and has on May 25, 1961 not attained the age of 58 years shall, for the period