Judgment-

V. N. KAHRE, J.

( 1 ) THE appellant before us, started his service career as a Sub-Auditor in the erstwhile Holkar Estate, Indore with effect from 5/02/1943. Subsequently on reorganisation of States in the year 1956 the appellant continued to serve in the office of Accountant General, Madhya Pradesh, Gwalior. The appellant while working as Auditor was accorded selection grade. However, subsequently the appellant was compulsorily retired from service by notice dated 23rd of August, 1974 issued under Rule 48 (b) of C. C. S. Pension Rules, 1972 hereinafter referred to as the Rules.

( 2 ) THE appellant challenged the impugned notice compulsorily retiring him from service by filing a Civil Suit in the Court of Sub-Judge, Gwalior for a declaration that the order compulsorily retiring him from service is illegal and inoperative, being arbitrary and mala fide. The trial Court decreed the suit and the aforesaid decree was affirmed by the First Lower Appellate Court. The High Court in the Second Appeal filed at the instance of the respondents set aside the decree and judgments of the trial Court and the First Appellate Court holding that the order compulsorily retiring the appellant