Judgment

PALEKAR, J.:- This is an appeal by the State of Rajasthan from an Order passed by the High Court of Rajasthan in Civil Writ Petition No. 162 of 1966. By this order the High Court quashed the Order of the State Government dated August 27, 1965 directing the compulsory retirement of the respondent from service with effect from December 2. 1965 on completion of 25 years qualifying service under Rule 244(2) of the Rajasthan Service Rules, 1951.

2. The respondent had been appointed as a Constable in the State of Ajmer on the 8th November, 1939 in the Force then known as His Excellency the Crown Representative s Police. On the 1st January, 1947 he was promoted as a Head Constable in that Force. After Independence the Police Force was designated as Central Reserve Police. By an Order dated December 25, 1951 the respondent was promoted to the rank of Sub-Inspector and was transferred to the Government Railway Police, Ajmer and continued in the said post upto March 16, 1953. Thereafter he was selected for training to the then Ajmer Armed Constabulary which was raised on lines of the Central Reserve Police but he continued to hold his substantive post of Sub-Inspector in the Ajmer Armed Constabulary Force. Later he was asked to officiate in the post of Inspector in the said Force and held the post upto the year 1956. On reorganization in 1956 Ajmer, which was a part C State, was integrated into the State of Rajasthan. Later he was reverted from his officiating post of Inspector of Police to the post of Sub-Inspector against which Order the respondent made representations to the Government. Thereafter, successive departmental enquiries were held against him but by an order dated July 27, 1965 he was granted a selection grade promotion retrospectively with effect from December 26, 1962. On August 27, 1965 he was served with a notice directing his compulsory retirement from December 2, 1965. The respondent was at that time 46 years of age which was not the age of superannuation. The respondent filed the Writ Petition, out of which the present appeal arises, complaining that the Rule for compulsory retirement, namely Rule 244 (2) of the Rajasthan Service Rules, 1951, did not apply to him and, therefore, the termination of his service was unconstitutional. The High Court accepted his contention relying upon a previous decision of that Court in Karam Chand Bhandari v. State of Rajasthan, Civil Writ Petn. No. 355 of 1962, D/- 29-3-1966 (Raj).

3. It is contended on behalf of the State that the High Court should have held that Rule 244 (2) of the Rajasthan Civil Service Rules, 1957 applied to the respondent and, in any case, even under the Central Civil Service Regulations the State Government was entitled to retire him compulsorily on the date aforesaid,

4. The respondent was absorbed in the State Service after the States Reorganization Act, 1956. The question is by what service rules he was governed after his absorption. Ajmer was a Part C State before 1956 and the respondent belonged to that State Service. Some vague reference was made to Ajmer State Rules but neither side was able to tell us what those rules are. It appears from the Judgment in Civil Writ Petn. No. 355 of 1962, D/- 29-3-1966 (Raj) referred to above that employees similar in position to that of the respondent were governed by the Central Civil Service Regulations. Learned counsel for the State argued on the assumption that these latter rules applied to ex-Ajmer State officers before they were absorbed in the State of Rajasthan in 1956. At the time of the absorption, there were in existence in the State of Rajasthan rules named Rajasthan Service Rules, 1951. It is obvious that unless the Rajasthan Service Rules, 1951 were made specifically applicable to the respondent he would continue to be governed- by the Central Civil Service Regulations. That is clear from S. 115 of the States Reorganization Act, 1956. Sub-section (7) of that section provides.

"Nothing in this secti