Judgment

J. C. SHAH

( 1 ) THE first respondent who holds the degree of M. B. B. S. of the Punjab University, the Diploma in Gynaecology and Obstetrics from the Madras University and the Diploma in Obstetrics from the Royal College of Obstetricians and Gynaecologists of London was appointed on 12/06/1938, an Assistant Surgeon in the Orissa Medical Service. At the time of her appointment by the Orissa Government, the first respondent declared that her date of birth was 10/04/1910. The first respondent claims that, her claim was supported by documentary evidence tendered by her father which was verified and accepted and the birth date was recorded in the Civil List and in the History of Service of Gazetted Officers of the Government of Orissa maintained by the Accountant-General of the State. In the normal course the first respondent would have been due for superannuation on April 10, l965 after completing the age of 55 years. But in consequence of a notification of the State of Orissa, dated May 21, l963, the age of superannuation was raised from 55 to 58 years in respect of all Government servants who were to retire after 1/12/1962.

( 2 ) SOME anonymous letters were addressed to the A