( 1 ) BOTH these writ petitions have been filed seeking a writ of mandamus commanding the respondents to treat the age of superannuation of the petitioners to be 60 years and permit them to continue in service upto 30th June, 2004. They also seek quashing of the second proviso to fundamental Rule 56 (a) of Part II, Volume II of the Uttar Pradesh Fundamental Rules (hereinafter referred to as "the Fundamental Rules"), as substituted by the Uttar Pradesh fundamental (Amendment) Rules, 2002, (hereinafter referred to as "the Amendment Rules"), vide notification dated 27th June, 2002, issued by the State Government.

( 2 ) WHILE Civil Misc. Writ Petition No. 25062 of 2002, had been filed by two petitioners namely, panna Lal Singh and Bacchan Lal Yadav, subsequently, Panna Lal Singh withdrew from the petition and, therefore, it has been pressed on behalf of Bacchan Lal Yadav only.

( 3 ) SINCE both the writ petitions raise common question of law, they have been heard together and are being decided by a common judgment.

( 4 ) BRIEFLY stated, the facts giving rise to Civil Misc. Writ Petition No. 25062 of 2002 are as follows : the petitioner Bacchan Lal Yadav was initially appointed on 10th August, 1966 as C. T. grade teacher in the Government College, Hardoi. He was promoted as L. T. grade teacher and was working in the Government Intermediate College, Allahabad. His date of birth is 1st September, 1943. He attained the age of 58 years on 31st August, 2001. Under the Government Order dated 21st March, 1984, the State Government had provided that those teachers including the principals and Headmasters, who are working in the Government Colleges and Degree Colleges, if they attain the age of 58 years during the session after 1st July, and before 30th June, they will be granted extension of service on fulfillment of certain conditions till the end of the session, i. e. , 30th June. In terms of the aforesaid Government Order, Bacchan Lal Yadav was allowed to continue till 30th June, 2002. In the meantime, the State Government took a decision to increase the age of retirement of all the Government employees from 58 years to 60 years. A notification was issued on 28th November, 2001, to that effect. It was also provided in the said notification that necessary steps for amendment of the Fundamental Rule 56 in the Financial Hand Book, volume II, Part II, shall be taken by the Finance Department. The Governor of Uttar Pradesh framed the U. P. Fundamental (Amendment) Rules, 2002, which was notified by the notification dated 27th June, 2002, amending the Fundamental Rule 56. It was made effective from 28th november, 2001. The amended Fundamental Rule 56 (a) provided that the Government servant shall retire on attaining the age of 60 years on the last day of month in which he completes 60 years. However, it was further provided that, if any Government servant who, on 1st November, 2001, or before that day, had attained the age of 58 years and is on extension of service, he will retire on the expiry of the period of extension. Consequently, the petitioner had retired on 30th june, 2002.

( 5 ) IN Civil Misc. Writ Petition No. 48494 of 2002, the petitioner, Smt. Usha Saxena was working on the post of the Principal in Pandit Deen Dayal Upadhyaya Rajkiya Kanya Uchchtar madhyamtk Vidyalaya, Maharajganj, district Sant Ravi Das Nagar. Her date of birth is 25th september, 1943. She attained the age of 58 years on 25th September, 2001. In terms of the government Order dated 21st March, 1984, she was granted extension in service till 30th June, 2002. She claims that in view of the increase in the age of retirement from 58 years to 60 years, she is entitled to continue till 30th June, 2004.

( 6 ) IN both these writ petitions, the validity of the second proviso to the Fundamental Rules 56 (a), as amended by the Amendment Rules, is under challenge.

( 7 ) I have heard Sri Yogesh Agrawal, learned Senior Counsel, assisted by Sri Sanjay Srivastava