JUDGMENT

Gopalji Mehrotra, J. - This is a petition under Article 226 of the Constitution praying that (a) a writ of mandamus be issued to the opposite parties, the Administrator, Municipal Board, Allahabad and the State of UP to treat the applicant as continuing in service of the Municipal Board until his services come to an end in accordance with law; (b) a writ in the nature of certiorari be issued to quash the order of the Administrator dated 26-4-1954 and the order of the State Government dated 9-1-1956.

2. Briefly the facts are that the Petitioner entered in the service of the Municipal Board, Allahabad to the year 1927. At the time of his recruitment in service the Petitioner gave the year of his birth as 1894 and his service book was maintained on that basis. On the basis of the date of birth given by him when he entered into service he was due to retire on 6-3-1954. Every year in April a list is prepared to be put up before the Chairman of all the employees who are due to retire next year and consequently like list was put up before the Chairman of all the employees including the Petitioner who was due to retire on 6-3-1954 in the year 1953. The Chairman of the Municipal Boar