1. This is an appeal by the State against the decree passed by the City Civil Court, for a sum of Rs. 8062-2-0 made against it in favour of the plaintiff.

2. The short facts in the case are as follows: The plaintiff entered the service of the State in 1933 as an Assistant Director of Public Health, and was in due course confirmed as a permanent holder of the office. He was due to retire at the age of 55 on the 18th of October 1953. He says in the plaint that in the ordinary course, he would have been promoted to the post of the Director of Public Health in about February 1953 but as he was due to retire within about seven months, he agreed to work as a Junior Malariologist in the same Department and he was assured by his superior officers that even after superannuation he would be continued in service from 18th October 1953 to 13th March 1955. On 14th October, 1953, before due date of his retirement, Government issued an order as follows:

"Shri N. T. Advani, Junior Malariologist, Malaria Organisation, Government of Bombay, Local Self-Government and Public Health Department. Resolution No. HDO 1853. Bombay Castle, 14th October 1953. Letter from the Director of Public Health