( 1 ) THIS is an appeal by the defendant, the U. P. Government through the Collector of Allahabad, against the judgment and decree of the learned Civil Judge of Allahabad, dated 23-12-1950, granting to the plaintiff respondent, J. R. Bhatt, a declaration that he "had a right of appeal from the order dated 27-3-1944 and his appeal could not be properly withheld under the rules then in force", and awarding half of his cost from the defendant-appellant. The order dated 27-3-1944 was to the following effect:

"with reference to his application dated 21-9-1943 for permission to return to duty after the expiry of regular leave granted to him upto 31-3-1944, Mr. J. K. Bhatt is informed that the honble the Chief Justice has decided that he cannot be allowed to resume his duties. Accordingly he will be treated to have retired from the public service from 1-4-1944, w. Broome, I. C. S. REGISTRAR".

The relief prayed for by the plaintiff-respondent was that it be declared"that the order of the High Court dated 27-3-1944 inflicting compulsory retirement upon the plaintiff from public service was illegal, ultra vires, null and void and that, notwithstanding that order, the plaintiff be