Judgment

RAY, J.: These three appeals by certificate are against the judgment dated 28th March, 1969 passed by the High Court for the State of Assam and Nagaland holding by a majority judgment that the three main respondents in the three appeals, namely, Premadhar Baruah, Rashadhar Bora and Premadhar Dutta are deemed to have continued in service of the Government and the orders terminating extension of service after attaining the age of 55 on three months notice pursuant to paragraph 4 of the Memorandum dated 21st March, 1963 are bad in law.

2. On 21st March, 1963 the Assam Government issued a memorandum which was contained in 7 paragraphs. In paragraph 1 of the memorandum it was stated that it was decided that the age of compulsory retirement of State Government servants should be 58 years. In paragraph 2 of the memorandum it was stated that the decision would apply to all Government servants who would retire on or after 1st December, 1962. Government servants who were on leave preparatory to retirement on 1st December, 1962 would also be entitled to this benefit but Government servants who were on refused leave from a date prior to 1st December, 1962 would not be entitled to the b