JUDGMENT

S.C. AGRAWAL, J.:- Special leave granted.

2. Heard learned counsel for the appellant. The respondent appeared in person and made his submissions.

3. Shri Shiv Lahari Sharma, the respondent herein, joined as Plant Protection Supervisor in the Agricultural Department of the State of Rajasthan on July 18, 1950. He was appointed in a temporary capacity for a period of three months but he continued on the said post till November 4, 1950 when he was appointed on the post of Food Assistant in the said department after being duly selected by the Public Service Commission. On August 31, 1961, he was selected for appointment to the Rajasthan Administrative Service and while he was thus serving, the State Government, by order dated October 22, 1975, compulsorily retired him from service. The said order of compulsory retirement was passed under sub-rule (2) of R. 244 of Rajasthan Service Rules (hereinafter referred to as the Rules) on the basis that the respondent had completed 20 years qualifying service. At that time, the said rule provided for compulsory retirement of a Government servant on his attaining the age of 50 years or on his completion of 20 years qualifying service. Subsequ