M. U. SHAH, J. :- This second appeal has come to us by a reference made by Mr. Justice B. G. Thakore on February 18, 1969. It raises an important question concerning the age of compulsory retirement of a pre-1938 April ministerial Central Government servant.

2. Appellant Mulchand Dasumal Pardasani was appointed as a clerk in the Sindh Salt Department on June 10, 1930. He was transferred to Bombay Central Excise Department with effect from 15th August 1947 and was appointed as Upper-Division Clerk in about October 1948. At that time, he was drawing a salary of Rs. 280/-plus Rs. 50/- dearness allowance per month in the scale of Rs. 130-5-160-8-200 E. B.-8-280-10-300. He continued to be in that scale on the date of the issuance of establishment order No. 286 of 1963 dated December 18, 1963 by the Collector, Central Excise, Baroda. The said order was served on him on December 28, 1963, and he proceeded on leave preparatory to retirement on March 14, 1964, the date on which he attained the age of 55 years. The order reads as under:

"Central Excise Collectorate, Baroda, Establishment Order No. 286 of 1963.

Shri Mulchand Pardasani, Upper-Division Clerk, Head Quarter Office, Baroda,