P.C.Jain, J.

1. This is a petition filed by Basant Lal Malhotra, retired Additional District and Sessions Judge Under Articles 226 and 227 of the Constitution of India for issuance of writ of mandamus or any other appropriate writ, direction o order directing respondents Nos. 1 and 2 to refix the pension of the petitioner by allowing him the benefit of rule 4.2 of the Punjab Civil Services Rules (Volume II).

2. The facts as alleged in the petition ar that the petitioner was recruited or enlisted to the P. C. S. (Judicial Cadre) as a result of the competitive examination held by the Lahore High Court in the year 1935 and thereafter having been declared medically fit and having passed the departmental examination in the higher standard and having undergone the prescribed course of six months revenue and judicial training: the petitioner was appointed as a Subordinate Judge in October, 1938. The petitioner on acquiring superannuation at the age of 55 years eventually retired from service in April , 1962. As Additional District and Sessions Judge. According to the petitioner, the provisions as contained in rule 4.2 of the Punjab Civil Services Rules (Volume II ) marked