Hon’ble Rajiv Sharma, J.—Heard Mr. Hemendra Pratap, Counsel for the petitioner and learned Standing Counsel.

2. Through the instant writ petition under Article 226 of the Constitution of India, Radhapati Singh (petitioner) has assailed the order dated 28.3.1990 contained in Annexure 6 to the writ petition, whereby he was compulsorily retired from services. He has also prayed for declaring the F.R. 56 (e) Explanation (2) as arbitrary and discriminatory being violative of Articles 14 and 16 of the Constitution of India.

3. It is relevant to add here that during pendency of the instant writ petition, sole petitioner Radhapati Singh expired and as such, his legal heirs were substituted in the array of petitioners, as stated hereinabove.

4. Radhapati Singh (petitioner), on completion of Apprenticeship, was appointed as Overseer in the U.P. Public Works Department vide office memorandum dated 18.11.1955. He was subsequently approved by the U.P. Public Service Commission in the year 1959. In the year 1973, the designation of the post of Overseer was changed to Junior Engineer (Civil). Thereafter, his services were governed by U.P. Public Works Department Subordinate Engineering S