JUDGMENT

P. S. KAILASAM, J.:— This appeal is preferred by special leave against the judgment of the High Court of Gujarat dated 13th August. 1976 dismissing a writ petition filed by the appellant against the order of dismissal passed by the Government on 21st January, 1976.

2. The appellant B. J. Shelat was born on 4th December, 1918. He joined as a Magistrate on 5th January, 1950 in the pre-reorganized State of Bombay. On the bifurcation of the State of Bombay on 1st May, 1960 he was allotted to the State of Gujarat as a Civil Judge and Judicial Magistrate, First Class. On 4th November, 1961 the appellant was appointed by the Governor of Gujarat as a Magistrate for the city of Ahmedabad, On 9th November, 1970 the appellant gave a notice of retirement to the Government of Gujarat through the Registrar of the High Court. He intimated that as he had completed 50 years on 4th December, 1968 he intended to retire from 10th May, 1971 if R. 161 of the Bombay Civil Services Rules permitted him to do so. The Registrar of the High Court replied to this notice on 11th January, 1972 informing the appellant that he may send a fresh application on the lines of his application dated 9th November,