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 s