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. Subsequently, the rule was amended and instead of 20 years qualifying service, the requirement of 25 years qualifying service was substituted. On March 24, 1977, the Government of Rajasthan issued a circular providing for reconsideration of orders of premature retirement passed under R. 244(2). By another order dated April 22, 1977, it was directed that the Government had decided that those Government servants who had been retired on completion of 20 yearsqualifying service or more but less than 25 years qualifying service and had not attained the age of 50 years at the time of their retirement under R. 244(2) shall be taken back in Government service and such orders of retirement issued by authorities competent to retire such Government servants under sub-rule (2) of R. 244 shall be revoked.

4. The respondent submitted a representation claiming that he was entitled to the benefit of the order dated April 22, 1977 for the reason that though he had completed 20 years qualifying service on October 22, 1975, the date of passing of the order of premature retirement, he had not completed 25 years qualifying service on the date and the order of compulsory retirement dated October 22, 1975 was therefore liable to be revoked. The said representation made by the respondent on the basis of the aforesaid order dated April 22, 1977 was rejected by the State Government by order dated September 28, 1977. The respondent filed an appeal (Appeal No. 748/ 77) against the said order before the Rajasthan Civil Services Appellate Tribunal (hereinafter referred to as the Tribunal). The said appeal of the respondent was dismissed by the Tribunal by order dated February 12, 1979 on the view that on the date of the passing of the order of compulsory retirement, the respondent had completed 25 years qualifying service. The said order of the Tribunal was challenged by the respondent before the Rajasthan High Court by filing a Writ Petition (No. 795 of 1979) which was dismissed by a learned single Judge of the High Court by order dated October 26, 1979. Special Appeal No. 151 of 1979 filed against the said judgment of the learned single Judge was also dismissed by a Division Bench of the High Court on December 10, 1979. The respondent moved this Court by way of Special Leave Petition (No. 4373 of 1980) against the order of the Division Bendh of the High Court but the same was also dismissed on April 28, 1980.

5. It appears that the respondent had also submitted representations for reconsideration of his case on the basis of the circular dated March 24, 1977. The last of such representations dated January 2, 1981 was rejected by order dated April 4, 1981. The respondent filed an appeal (No. 393/1981) before the Tribunal against the said order dated April 4, 198 1, which was allowed by th