1. Bihar State Road Transport Corporation (for short, the Corporation) has preferred this appeal against the judgment and order dated 14th November, 2005 passed by the Single Judge, whereby he allowed the writ petition filed by the present respondent no.1 (hereinafter to be referred, the petitioner) and quashed and set aside the order dated 25th May, 2004, by which he was compulsorily retired in terms of Rule 74(b)(ii) of the Bihar Service Code.

2. That provision contained in Rule 74(b)(ii) of the Bihar Service Code is applicable to the employees of the Corporation, is not in dispute. The said provision reads thus:

"74(b)(ii).The appointing authority concerned may after giving a Government servant at least three months previous notice in writing, or an amount equal to three months pay and allowance in lieu of such notice, require him in public interest, to retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice."

3. It would be, thus, seen that an employee in the Corporation having completed thirty years of qualifying service or havin