Judgement

WANCHOO, J. : This is an appeal on a certificate granted by the High Court of Madhya Pradesh and arises in the following circumstances. The appellant was in the service of the State of Madhya Pradesh as a District and Sessions Judge. He was born on August 22, 1908 and would in the normal course have retired on completing the age of 55 years in August 1963. But on February 28, 1963, the Government of Madhya Pradesh issued a memorandum to all the Collectors in the State. Copy of this memorandum was also sent to the Registrar, High Court as well as the Finance Department and the Accountant-General. The relevant part of this memorandum is as follows:-

"The State Government have decided that the age of compulsory retirement of State Government s servants should be raised to 58 years subject to the following exceptions .. . . .........

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5. Notwithstanding anything contained in the foregoing paragraphs, the appointing authority may require a Government servant to retire after he attains the age of 55 years on three months notice without assigning any reason.... . the power will normally be exercised to weed out unsuitable employees after they have attai