S.C. Mathur, J.

1. The appellant, Who is working on a clerical post in the Judgeship of Bareilly and is due to retire tomorrow (31st August, 1993) after attaining the age of fifty eight years, approached this Court claiming that he was entitled to continue in service upto the age of sixty years. In support of this plea, the petitioner relied upon the judgment of a learned Single Judge of this Court in Girija Prasad Singh V. State of U.P. and others : Civil Misc. Writ No. 6896 of 1993 decided on 12th July, 1993. The learned Single Judge did not accept the appellant's plea and dismissed the writ petition. Aggrieved by that judgment, the appellant has preferred the instant appeal.

2. It is not disputed that under statutory rules the appellant has to retire on attaining the age of fifty eight years. The submission of learned counsel for the petitioner is that clerks in various departments of the Government are identically situated and, therefore, there is no occasion to fix one age of retirement in one department or office and another age of retirement in another office or department. Regulation 21 of Chapter 3 of the U.P. Intermediate Education Act, 1921 provides sixty years as