JUDGMENT

VENKATARAMIAH, J. :— The appellant was working as an Additional District and Sessions Judge in the State of Uttar Pradesh in the year 1968. His date of birth was April 1, 1913. He would have retired from service on the expiry of March 31, 1971 on completing 58 years of age. But on September 3, 1968 the appellant was served with an order dated August 24, 1968 issued by the Secretary to the Government of Uttar Pradesh (Home Department) stating that the Governor of Uttar Pradesh in exercise of the powers under para (i) of the first proviso to clause (a) of Fundamental Rule 56 contained in the Financial Hand Book, Volume II, Parts II to IV, as amended from time to time, had been pleased to order that the appellant should retire from service on the expiry of three months from the date of service of the notice. Aggrieved by the said notice of premature retirement, the appellant filed Writ Petition No. 3958 of 1968 before the High Court of Allahabad under Article 226 of the Constitution urging inter alia (i) that the retirement of the appellant as per order dated August 24, 1968 had been ordered without the recommendation of the High Court as required by Article 235 of the Consti