Judgment

DAS. J. : This appeal arises out of an application made by the appellant to the High Court of Allahabad under Articles 226 of the Constitution praying for an appropriate writ quashing the order made by the President of India on the 17th April 1953 ordering the compulsory retirement of the appellant who had completed 25 years qualifying service. The High Court by its judgment dated the 1st October 1953 dismissed the application but, as the case involved a substantial question of the interpretation of the constitution, the High Court granted leave to the appellant to appeal to this Court.

2. The material facts may be shortly stated as follows: The appellant passed his Civil Engineering degree examination from the Thomason College, Roorkee, in 1922. He stood first in order of merit and carried away the Gold Medal and other prizes awarded to the best student of that year. He was appointed by the Secretary of State of India in Council to the Indian Service of Engineers as an Assistant Executive Engineer with effect from the 20th October 1923. The conditions governing the appellant s terms of appointment promotion, leave, pension, etc., will be found recorded in a letter issued f