( 1 ) THE petitioner was appointed as a temporary Markman against a vacancy in place of one Panchu Mohan Mukherjee in the erstwhile Eastern Bengal Railway on 5th July, 1937. On 1st September, 1938, the petitioner was promoted as a general clerk, Grade 'b' and on 8th June, 1940 was confirmed as a Markman with effect from 1st June, 1940. On 15th December, 1970, there was a Gazette notification indicating that the petitioner would retire on 1st November, 1971. The petitioner has challenged this notification issued by the Personnel Department of the Eastern Railway. The said notification stated that the petitioner would complete 58 years of age on the 1st November, 1971, and accordingly would retire from the service. Thereafter the petitioner on 20th August, 1971, made a representation to the Divisional Superintendent, Sealdah, to recall the notice on the alleged ground of premature retirement. He was informed on the 4th September, 1971, that he would not be eligible to be retained beyond 58 years as he was confirmed with effect from 1st June, 1940. Being aggrieved by these orders, the petitioner moved this Court under Article 226 of the Constitution and obtain