I.A. Ansari, J.

1. The facts, which are admitted and necessary for the purpose of disposal of this writ petition, may, in a narrow compass, be set out as under:

The Petitioner's date of birth is 17.06.1946. The Petitioner was appointed to a sanctioned post of Lower Division Assistant (in short, 'LDA') in Pandu College, Guwahati, in the year 1976, his appointment having been approved by the Director of Public Instructions (in short, 'DPI'), Assam, on 04.02.1970. The Petitioner's service was confirmed, w.e.f. 01.08.1968, by a letter, dated 04.02.1970, issued, in this regard, by the DPI. As the Petitioner's service conditions were guided, controlled and regulated by the Assam Aided College Employees' Rules 1960 (hereinafter referred to as 'the 1960 Rules'), the age of superannuation of the Petitioner was 60 years. By Office Memorandum, dated 25.01.2005 (Annexure 3 to the writ petition), the age of superannuation, in respect of the State Government employees, who were due to retire after 01.01.2005 and other than those, whose age of superannuation was 60 years, came to be fixed at 59 years.

By virtue of the Assam College Employees (Provincial zed) Act, 2005 (in short, 'the 2005 Act'), which came into force on 01.12.2005, the Pandu College stood provincial zed w.e.f. 01.12.2005. On coming into force of the 2005 Act, the Petitioner's age of superannuation got reduced, in terms of the Office Memorandum, dated 25.01.2005, aforementioned, to 59 years, though his age of retirement earlier, in terms of the provisions of the 1960 Rules, was 60 years. On coming into force of the Assam College Employees (Provincial zed) Act, 2005 (in short, 'the 2005 Act'), which came into force on 01.12.2005, the Petitioner was superannuated on 31.01.2006. Though the Petitioner was paid his pension with effect from 30.06.2005, his date of retirement having been given effect from 30.06.2005, his date of retirement, for the purpose of pensionary benefit, was treated as 30.06.2004.

2. Aggrieved by the fixation of his date of retirement, as 30.06.2004, by treating his age of superannuation as 58 years, and claiming that he ought to have been treated as retired, on 30.06.2005, at the age of 59 years and that his date of retirement ought not to have been treated as 30.06.2004, which is meant for the employees, who were to superannuate at the age of 58 years, this writ petition has been filed by the Petitioner, under Article 226 of the Constitution of India, seeking appropriate directions to be issued to the Respondents.

3. Resisting the writ petition, the Respondents, particularly, Respondent No. 3, namely, Accountant General, Assam, has contended that the date of retirement of the Petitioner has been determined on the basis of the Office Memorandum, dated 06.08.2007, issued by the Department of Education (Higher), Government of Assam, where under it has been made clear that prior to January, 2005, the age of superannuation of a government employee was 58 years and, w.e.f. 01.01.2005, the age of superannuation has become 59 years and that prior to the enactment of the 2005 Act, the College Employees were governed by the provisions of the Assam Non-Government Management Rules, 2001 (as amended) and Assam Aided College Employees Rules, 1960, where under the retirement age of the college employees was 60 years, and that having examined this issue, the State Government has decided to regularize the overstay period of the employees of the provincial zed colleges of Assam, but their overstay shall not be counted towards pensionary benefit, and that pension to the employees of the provincial zed college shall be governed by the Assam Service (Pension) Rules, 1969, (hereinafter referred to as 'the 1969 Rules'). Thus, according to the Respondent No. 3, it is on the basis of the Office Memorandum, dated 06.08.2007, aforementioned that they have determined the Petitioner's age of superannuation as 30.06.2004.

4. I have heard Mr. D. Das, learned Senior counsel, for the Pe