Y. K. Sabharwal, J.

( 1 ) THIS application has been placed before the Full Bench in view of the order of reference dated 3/4/1987 passed by the Division Bench. The order dated 3/4/1987 reads as under :

"c. W. 446/87 Rule D. B. C. M. 736/87 It appears that different Division Benches of this Court have taken divergent views on the question whether the operation of an order retiring a person at a lower age should be stayed after rule has been granted on a petition by him claiming a higher age of retirement. In other words, whether he should be allowed to continue in service and function whilst his petition is pending. In Civil Writ Petitions Nos. 1365 of 1984 and 2798 of 1985 an interim order of stay was granted. On the other hand, in Civil Petitions Nos. 623 of 1986 and 3103 of 1985 such an interim order of stay was refused. The point is one of general importance and arises frequently. It is, therefore, desirable that it should be decided more authoritatively by a larger bench. Consequently, we refer this application for 1987 will continue till this application is finally decided. "

( 2 ). The brief facts leading to this reference are these :-

THE petitioner was appointed as an Assistan

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