Ray, J. - (1.) This appeal by certificate is against the judgment dated 2/3 May, 1969 and 16 June, 1969 of the High Court of Gujarat quashing the order dated 18 December, 1963 passed by the Collector, Central Excise, Baroda and further ordering that the respondent will be deemed to have been continued in the service of the Government until he attained the age of 60 years.
(2.) The order impeached by the respondent was as follows: "Central Excise Collectorate, Baroda, Establishment Order No. 286 of 1963. Shri Mulchand Pardasani, Upper Division Clerk, Head Quarter Office, Baroda, who attains the age of 55 years on 14-3-1964 is hereby informed that the Collectorate Departmental Promotion Committee, 1963, has not considered him suitable for further retention in service beyond the age of 55 years. He has the option to retire with effect from 14-3-1964 forenoon or proceed on leave as may be admissible and granted to him preparatory to retirement. Sd/- Illegible, for Collector, 18-12-63".
(3.) The respondent filed this suit for a decree that the order of retirement of the respondent passed by the Collector, Central Excise, Baroda and all acts done in the course of the said order are illegal and that the respondent continued to be in service in the post he was holding on 14 March, 1964 and for other consequential reliefs. The respondent's contention was that the order was in contravention of his right to continue in service until he attained the age of 60 years, that the order cast a stigma on the respondent, that three months notice was required to be given to the Government servant to retire on his attaining the age of 55 years, the order of, the Collector was against the orders issued under the authority of the President of India raising the age of superannuation to 58 years.;