JUDGMENT

Jagdish Sahai, J. - Special Appeal No. 585 of 1964 has been filed by the Zila Parishad, Farrukhabad, while special Appeal No. 947 of 1964 has been filed by the State of Uttar Pradesh. Both the appeals are directed against the judgment of H. C. P. Tripathi, J. dated 25-8-1964 allowing writ petition No. 3406 of 1964 filed by Sri Ram Bharose Singh Chauhan (hereinafter referred to as Chauhan). The two appellants before us were respondents in that writ petition.

2. According to his allegations Chauhan was born on 17th August 1906. In the year 1935 he was appointed as the Tax Officer of the District Board of Farrukhabad. At that time by virtue of the provisions of Rule 7 of the rules framed under the U.P. District Boards Act (hereinafter referred to as the rules) the age of superannuation for the employees of the District Boards in this State was 60 years. That rule reads:-

"Subject to rule 7-A no officer or servant of the Board shall be retained in the service of the board beyond April 1 following the date on which he attains the age of 65 years, except for special reasons to be recorded by the board in a resolution; and no extension of service for more than one year at a time shall be allowed in the case of any employee whose age is 60 years or more."

3. That rule was replaced by regulations. The regulations relating to the age of superannuation were changed from time to time. Ultimately by means of notification No. 1923-A/IX-A-l (227)-57 dated June 24, 1958, the following provisions were introduced:-

Amendments

4. For regulation 1, substitute the following:-

1. "the age of retirement from service of all employees of District Board shall be 58 years beyond which no one shall ordinarily be retained in the service of the Board : Provided that those employees of Board who were 50 years or above of age on December 31, 1955, will be allowed to continue in service till they attain the age of 60 years."

2. In regulation 2 and in the form appended thereto for the figure "55" wherever occurring substitute the figure "58".

5. Before the amendment mentioned above regulation I read:-

"1. The age of retirement from service of all employees of District Boards shall be 55 years, beyond which no one shall ordinarily be retained in the service of the Board :

Provided that the age of retirement of such employees as were:-

(a) between 45 and 50 years of age December 31, 1955, shall be 57 years, and

(b) fifty years of age or over on December 31, 1955 shall be 60 years, for special reasons to be recorded by the Board in the relevant resolution or where the Board is not itself the appointing authority by the appointing authority in its order :

Provided that no extension shall be granted.

(i) for any period exceeding one year at a time ; and

(ii) unless the employee concerned continues to be physically fit and efficient :

Provided further that in no case shall a person be retained in employment beyond the age of 60 years."

2. In regulation 2 and in the form appended thereto substitute the figure "55" for "60".

6. On 18th of July 1962 the U.P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961, was enforced and the U.P. District Boards Act 1922 (hereinafter referred to as the Act) was repealed. In June 1963 the District Boards in this State were replaced by Zila Parishads and all employees of the District Boards automatically became servants of the corresponding Zila Parishads. Chauhan thus came in the service of Zila Parishad, Farrukhabad.

7. On 4th May 1964 Chauhan received a notice from the Chief Executive Officer of Farrukhabad Zila Parishad to the effect that he (Chauhan) would be attaining the age of superannuation on 16th Aug. 1964 and for that reason would be finally relieved of his duties with effect from the forenoon of that date.

8. Chauhan filed Writ Petition No. 3406 of 1964 in this Court and prayed that the notification dated 24th January 1959, by which the age of retirement had been fixed at 58 years, be quashed. He also prayed for the issue