JUDGMENT

RANGANATH MISRA, J.:— This appeal by special leave is directed against the decision of the Central Administrative Tribunal, Hyderabad bench, dismissing the claim of the appellant and rejecting his challenge to the order dated 28th of November, 1986, retiring the appellant from service under Art. 459(h) of the Civil Services Regulations.

2. The order of the retirement impugned in the proceedings was to the following effect :

"Whereas the President is of the opinion that it is in the public interest to do so.

Now, therefore, in exercise of the powers conferred by Clause (n) of Article 459 of Civil Services, Regulations, the President hereby retires Dr. J. K. Sinha, Scientist E, DLRL, Hyderabad with immediate effect, he having already attained the age of 50 years on 27th March, 1981. The President also directs that Dr. J. K. Sinha shall be paid a sum equivalent to the amount of his pay plus allowances for a period of 3 months calculated at the same rate at which he was drawing them immediately before his retirement."

3. The appellant was born on 27th March, 1931, and took the Masters Degree in Science in Physics in 1953 and obtained Ph.D. in microwave Physics from the University