JAGDISH SAHAI, J. :- These are 5 connected writ petitions in which the question raised is common, that is, whether the petitioners could be retired on attaining the age of 55 years under the provisions of Rule 56 of the U. P. Fundamental Rules. Sri Iqbal Narain Srivastava (hereinafter referred to as Sri Srivastava) is the petitioner in Writ Petition No. 148 of 1968. He was working as a clerk in the Bench of Honorary Magistrates, Nawabganj, in the district of Barabanki in May 1966. On 3-5-1966 he received a communication from the Superintendent of the Deputy Commissioner, Barabanki, informing him that he had been placed under suspension by means of an order dated 3-5-1966. This was followed by a charge-sheet in which it was alleged that Sri Srivastava had demanded a sum of Rs. 2/- from Ram Sagar son of Sarju Prasad. The petitioner submitted his explanation. The Deputy Commissioner, Barabanki, respondent No. 2, issued a notice to Sri Srivastava calling upon him to show cause why the punishment of removal from service be not awarded to him. Sri Srivastava submitted his reply and on 1-11-1966 the Deputy Commissioner, Barabanki, passed an order reinstating him on his post but made the following entry in his character roll :

"Censured for demanding on 29-4-1966 Rs. 2/- from Ram Sagar son of Sarju Prasad for issue of copy of judgment in the case of Bharat v. Sarju and 2 others under Sections 323/506/424/397 I. P. C."

Sri Srivastava appealed to the Commissioner, Faizabad Division, who by means of the order dated 2-8-1967 allowed the appeal and ordered the expungement of the censure entry. During the pendency of Sri Srivastava's appeal, the Deputy Commissioner, Barabanki, considered the question of retention of Sri Srivastava in service as he had attained the age of 55 years and for that purpose called for a report from the Tehsildar. On 1-4-1967 the Deputy Commissioner passed an order that notice be issued to Sri Srivastava retiring him on attaining the age of 55 years. Sri Srivastava filed a representation before the State Government against the order compulsorily retiring him on attaining the age of 55 years. The State Government rejected the representation and the order of the Government was communicated to him on 21-10-1967. It is stated in the petition that earlier, that is in 1959, the question had arisen with regard to the retention of Sri Srivastava in service and the Board of Revenue by its order No. XII-215A/57 had directed that Sri Srivastava be permitted to continue in service until he had attained the age of 58 years. Sri Srivastava's case is that Rule 56 of the U. P. Fundamental Rules, so far as it gave the State Government the power to compulsorily retire a Government servant on his attaining the age of 55 years, is ultra vires the provisions of Articles 14 and 16 of the Constitution and in any case inasmuch as the Commissioner allowed the appeal of Sri Srivastava the censure entry would not be deemed to exist, with the result that it could not be in public interest not to continue Sri Srivastava in service until he had attained the age of 58 years.

2. Writ Petition No. 943 of 1969 has been filed by Trilok Chand. He was working as a confirmed overseer in the Irrigation Department of this State and was posted in the Ramganga River Project, Kalagarh. On 10-9-1968 a notice was served upon him under the signatures of the Chief Engineer retiring him from Government service with effect from 14-10-1969 on his attaining the age of 55 years. Trilok Chand made a representation which was recommended by the Executive Engineer. On 8-8-1969 a copy of the letter No. 5826/E-2/35 Misc./ 69 dated 25-6-1969 addressed to the Director, Ramganga River Project, Kalagarh, was served upon Trilok Chand in which it was stated that he (Trilokchand) may not be allowed to continue in service after he had attained the age of 55 years. The order of the Chief Engineer retiring the petitioner on attaining the age of 55 years and not allowing him