ORDER

1. This appeal by special leave is preferred against the judgment of the Punjab and Haryana High Court under the following circumstances.

2. The respondent was appointed as Nazir Niabat Amolh on 1-5-1947 by the Registrar of the High Court of Nabha. Subsequently, the Nabha High Court was merged with the Pepsu State on 1-9-1948. Later on, it was merged along with Pepsu with Punjab State. Disciplinary action for unauthorised absence from duty was initiated against the respondent. At that time he voluntarily addressed a letter on 6-7-1977 to the Sub-Judge, Patiala, under whom he was serving, seeking permission to retire voluntarily. It may be noted by offering voluntary retirement he avoided disciplinary action. The learned Sub-Judge granted the permission and the respondent was retired from service w.e.f. 31-8-1977. Surprisingly the respondent challenged the permission so granted by the learned Sub-Judge, Patiala, and the consequential retirement order on the ground that the authority to grant such permission was not the learned Sub-Judge but the Honble Chief Justice/Registrar, Punjab and Haryana High Court. This contention was raised on the basis of Section 115(7) of the States