JUDGMENT

K. N. Singh, J. - Hardwari Lal, petitioner. has challenged the validity of an order issued by the Divisional Engineer, Telegraphs, Allahabad dated 30-12-1970 retiring him from service on the expiry of three month's period from the date of the service of the order.

2. The petitioner was recruited as a Lineman, Telephones in the Telegraph Department on 3rd August, 1938. He was promoted to the post of Sub-Inspector, Telephones. Petitioner's services were terminated with effect from 30th June, 1970 by the Divisional Engineer, Telegraphs, Allahabad, opposite party No. 1, under his order dated 26th June, 1970 retiring him from service compulsorily under clause (J) Fundamental Rule 56. The petitioner filed a writ petition in this Court challenging the order dated 26th June, 1970. The writ petition was allowed by Hon'ble D. S. Mathur. J. on 28th September, 1970 and the order dated 26th June, 1970 was quashed on the ground that the petitioner had not completed 55 years age, hence he could not legally be retired under Fundamental Rule 56 (J). The petitioner was thereupon reinstated but he was again retired from service by the order of the Divisional Engineer, Telegraphs, dated 30th D