B. N. BANERJEE, J.

( 1 ) THE petitioner was appointed an Additional Judge of this Court on February 11, 1949. He was made permanent on January 23, 1950.

( 2 ) UNDER Section 220 of the Government of India Act, 1935 and its corresponding article in the Constitution, Article 217 the petitioner was to bold office until he attained the age of 60 years.

( 3 ) ACCORDING to the petitioner he was born on December 27, 1904 and the age that he gave out, at the time of his appointment as a Judge, was based on the aforementioned date. The petitioner, therefore, takes the stand that he is not required to demit his office earlier than December 27, 1964.

( 4 ) IN April 1959, after the petitioner had been in office for upwards ten years, the Home Minister, Government of India, tried to reopen the question of the petitioner's age, on the ground that there was a disconformity between the petitioner's age as declared and his Matriculation age, as appearing in the Bihar and Orissa Gazette. I need not concern myself, in this petition, with the attempts made by the petitioner to dissuade the persons or authorities concerned either from reopening his age of from proceeding on the basis of his age, as

Click Here to Read the rest of this document