JUDGMENT

SARKARIA J.:— This appeal on certificate is directed against a judgment of the Madhya Pradesh High Court dismissing the appellants writ petition under Art. 226 of the Constitution.

2. The appellant joined the service of the State Government as a subordinate Judge in the year 1936. On promotion, he was confirmed as District and Sessions Judge with effect from December 2, 1957. The appellant attained the age of 55 years on August 22, 1963 which was the age of superannuation according to Fundamental Rule 56 (Ch. IX) governing the Civil Services of the State. But prior to that, on February 28, 1963 by, a Memorandum No. 433-259- 1 (iii)/63, the State Government raised the age of compulsory retirement for government servants to 58 years subject to certain exceptions. The material part of the memorandum dated February 28, 1963, read as follows:

"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 3 months notice without assigning any reasons...........

A Government servant may also after attaining the age of 55 years voluntarily retire after giving 3 months noti