S.N.JHA, J.

1. The Supreme Court by its judgment in All India Judges"Association V/s. Union of India, AIR 1993 SC 2493: (1993) 4 SCC 288 has raised the superannuation age of subordinate Judicial Officers to 60 years subject to assessment and evaluation by the respective High Courts as to the potential of the officer for continued useful service. The petitioner, then posted as District and Sessions Judge, Katihar, has been denied the benefit of the increased age of superannuation. A communication to the above effect was sent by the Registrar Patna High Court, on 23/11/1993. He challenged the said decision in the Supreme Court in Writ Petition (Civil) No. 5 of 1994 which was permitted to be withdrawn on 7/01/1994 with liberty to move the High Court. Accordingly, the petitioner has filed this writ petition under Arts. 226 and 227 of the Constitution. Copy of the said letter of the Registrar has been marked Annexure-12 to the writ petition.

2. The facts of the case lie in a narrow compass. Shortly stated, the petitioner was appointed as an Additional District and Sessions Judge in the Bihar Superior Judicial Service in 1980. He was confirmed on the said post in 1981. He served