JUDGMENT

JASWANT SINGH, J.:—This appeal by certificate of fitness granted by the Punjab and Haryana High Court is directed against the judgment dated April 4, 1967 of a Division Bench of that Court passed in Letters Patent Appeal No. 104 of 1967 whereby the judgment and order dated December 19, 1966 of Narula, J. (as he then was) in Civil Writ Petition No. 298 of 1966 was affirmed.

2. It appears that the respondent joined the Punjab Education Department (Class II) Service by direct recruitment as a senior lecturer in 1933. He was promoted to Punjab Education Service (Class I) on October 1, 1949. He was given the selection grade with effect from February 15, 1956 and in due course rose to the position of Director of Public Instruction-cum-Secretary to the Government of Punjab Education Department. He proceeded on leave preparatory to retirement on March 18, 1958, on attaining the age of superannuation. In June, 1961, he received a copy of letter No. 5137-Ed-I-60/9269 dated May 2, 1961 addressed by the Secretary to Government Punjab, Education Department, to the Director of Public Instruction, Punjab, Chandigarh, conveying the sanction of the Governor of Punjab to the grant to him i.e