JUDGMENT

RAY, C.J.I. :— This appeal is by certificate from the judgment dated 18 November, 1971 of the Punjab and Haryana High Court.

2. The respondent joined the Punjab Civil Service. (Executive Branch) in November, 1954. He was selected for the Judicial Branch of the Punjab Civil Service on or about 1 May, 1965. On 15 November, 1968 he was promoted as officiating Additional District and Sessions Judge.

3. The respondent was due to attain the age of 55 years on 24 February, 1971. His case was referred to the High Court for their recommendation whether the respondent should retire at the age of 55 years or he should be retained in service till the age of 58 years which is the prescribed age of super annuation under the Punjab Civil Service Rules.

4. The High Court was of opinion that the work of the respondent as Additional District and Sessions Judge was not satisfactory. The High Court was not inclined to recommend the respondents continuance in Superior Judicial Service up to the age of 58 years. The High Court recommended that the respondent should be reverted to his substantive post of Senior Subordinate Judge/Chief Judicial Magistrate and that he might be allowed to continue in