1. - This writ petition by Gafoor Mohammad is directed against an order of the District Excise Officer, Sri Ganganagar dated 14-8-75 for his compulsory retirement under Rule 244(2) of the Rajasthan Service Rules, 1951 on his completion of 25 years of qualifying service as Moharrir in the office of the District Excise Officer, Sri Ganganagar.

2. Though the petitioner had challenged the legality and validity of Sub-rule (2) of Rule 244 of the Rajasthan Service Rules on the grounds that the sub-rule violates Articles 14, 16. and 311 of the Constitution, their validity is beyond question. Their Lordships of the Supreme Court in Tarasingh v. State of Rajasthan, (AIR 1975 SC 1487) have held Rule 244(2) to be valid. That being so, the challenge to the constitutional validity of Rule 244(2) does not survive.

3. The only contention raised by Shri Singhvi, learned Counsel for the petitioner, is that, having regard to the Departmental Circular No. F.24(55) Apprt (A)57. Pt I/Gr II/CR dated 16-5-1963, the District Excise Officer, who is the appointing authority, was left with no option but to issue the impugned order of retirement It is urged that the appointing authority had no occasi