( 1 ) WRIT Petition No. 1882 of 1964 has been filed by Sridhar Prasad Nigam, while Writ Petition No. 3054 of 1964 has been filed by Hashmat Ali Khan. In the first writ. petition the respondents are the State of Uttar Pradesh and the Collector of Kanpur. In the second writ petition the sole respondent is the State of Uttar Pradesh. Since common questions of law have been raised in both the petitions, they may conveniently be disposed of together.

( 2 ) SRIDHER Prasad Nigam (hereinafter referred to as Nigam) was a member of the Uttar Pradesh Provincial Civil Service (Executive), His date of birth, as alleged in the petition, is 14 January 1909. On 16 January 1964. Sri Nigram received an order dated 13 January 1964, which reads as follows: In exercise of the powers under Para, (f) of proviso 1 to Clause (a) of Fundamental Rule 56. Financial Handbook, Vol. II, Parts II to IV, as amended by the notification No. G-1. 194a/x 534 (19) 57, dated 19 October 1963, the Governor of Uttar Pradesh is pleased to order that Sridhar Prasad Nigam, Daputy Collector, Kanpur, stall retire from service on the expiry of three months from the date of service of this order on him. And than