( 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 a