ORDER

1. N.A. Chauhan, respondent in the appeal herein, was working as a Postmaster in the service of the Union of India. On attaining the age of 55 years, he was served with a notice dated 23-4-1990 directing his premature retirement from service after the expiry of the notice period. Pursuant to the said notice he was retired from service by the order dated 26-7-1990. The respondent challenged the order of retirement before the Central Administrative Tribunal, Ahmedabad Bench. The Tribunal allowed the application and set aside the order of retirement. This appeal by way of special leave is against the judgment dated 23-10-1992 of the Central Administrative Tribunal, Ahmedabad Bench.

2. The order of retirement was challenged before the Tribunal on several grounds. The Tribunal, however, quashed the order of retirement on the short ground that the instructions dated 5-1-1978 issued by the Ministry of Home Affairs providing time-schedule for reviewing the cases of the government servants for premature retirement were not complied with in the case of the respondent. The Tribunal proceeded on the following reasoning :

"It is not in dispute that as per the above O.M. the applicants case o