GULATI, J. :- In this bunch of cases comprising five writ petitions and two Special Appeals, the following two questions concerning the interpretation of Rule 56(a) of the Fundamental Rules have been referred for the opinion of this Full Bench:

"1. Whether under Fundamental R. 56, the age of compulsory retirement is 55 or 58 years?

2. Whether the proviso to clause (a) of Fundamental Rule 56 violates Articles 14 and 16 of the Constitution?"

2. The answer to question No. 1, in my opinion, is plain from the language of the rule itself and does not need any elaborate discussion. The material part of Rule 56 (a) reads :-

"Except as otherwise provided in other clauses of this rule the date of compulsory retirement of a government servant other than a government servant in inferior service is the date on which he attains the age of 58 years." When the rule itself declares that the age of compulsory retirement is 58 years, it is not possible to interpret it to mean that the age of retirement is 55 years.

3. The contrary view expressed in Shridhar Prasad Nigam v. State of U. P., 1966 All. L. J. 153 : (AIR 1966 All. 560), in my opinion, proceeded upon the fallacy that the proviso attache