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 Ac