R.A. Sharma, J.

1. By means of these writ petitions, petitioners, who claim to be Lekhpal, have challenged the orders of their retirement from service at the age of 58 years. Learned counsel for the petitioners have made two submissions in support of the writ petitions, namely, (i) Rule 31 of Lekhpal Service Rules, 1958, which prescribed the age of retirement at 58 years, is ultra vires ; and (ii) Lekhpals belong to Group 'D' of the State's service and can be retired only at the age of 60 years in view of the provisions of Fundamental Rule 56. Sri M.M. Ghildiyal, learned Standing Counsel has disputed the above submissions and has pressed for dismissal of the writ petitions.

2. Due to the agitation of Patwaris though out the State, the Government of U.P. in 1953, decided to reorganise the services of Patwaris and in connection there with issued a Government Order dated 27-4-1953 (hereinafter referred to as the G.O.) according to which the cadre of Lekhpal was created in place of Patwaris. Sub-paragraph 3 of paragraph 2 of the G.O. laid down four sources for the cadre of Lekhpal. The relevant extract of the said sub-para 2 is reproduced below :-

"3. The cadre of "Lekhpal" would