JUDGMENT :-

R.M. LODHA, J.

Leave granted.

2. On 13.09.2004, the appellant, who was working on the post of District and Sessions Judge, Punna was compulsorily retired from the service in the public interest by the Government of Madhya Pradesh (for short, ‘the Government’) on the request of the Madhya Pradesh High Court (for short, ‘High Court’). The order of compulsory retirement was issued by the Government in exercise of its power under amended Rule 56(2)(a) of the Fundamental Rules, as made applicable in the State of Madhya Pradesh, Rule 14 of the Madhya Pradesh Higher Judicial Service (Recruitment and Service Conditions) Rules, 1994 (for short, ‘1994 Rules’), Rule 42(1)(b) of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short, ‘1976 Rules’) and Rule 1-A of Madhya Pradesh District and Sessions Judges (Death-cum-Retirement Benefits) Rules, 1964 (for short, ‘1964 Rules’). In lieu of notice of three months, it was directed in the order that the appellant shall be entitled to three months’ salary and allowances which he was receiving prior to his retirement.

3. The appellant challenged the above order of compulsory retirement by filing a writ petition before the High