Chandrachud, J. - (1.) Born on July 15, 1910 appellant attained the age of 55 on the corresponding date in 1965. He hoped to continue in the service of the respondent - Union of India - until attaining the age of 58, but on July 22, 1965 while he was holding the post of Assistant Inspecting Commissioner Income-tax, Cuttack, he received a notice dated July 15, 1965 compulsorily retiring him from service with effect from October 21, 1965. He filed in the High Court of Orissa a writ petition challenging that notice but failed. The High Court, however, granted, him leave to appeal to this Court.
(2.) First, we will notice the provisions on which the appellant bases his challenge to the order of compulsory retirement.
(3.) Originally, Rule 56 of the Fundamental Rules read thus:"Except as otherwise provided in the other clauses of this Rule the date of compulsory retirement of a Government servant, other than a ministerial servant, is the date on which he attains the age of 55 years". On November 30, 1962 the Government of India, Ministry of Home Affairs, issued an office Memorandum under which the age of compulsory retirement of Central Government servants was raised from 55 yo 58 years; subject to the three exceptions mentioned in paragraph 2 thereof. Paragraph 6 of the Memorandum provided: " Notwithstanding anything contained in the forgoing paragraphs, the appointing authority may require a Government servant to retire after he attains the age of 55 years on three months' notice without assigning any reason. This will be in addition to the provisions already contained in R. 2 (2) of the Liberalized Pension Rules 1950 to retire an officer who has completed 30 years' qualifying service and will normally be exercised to weed out unsuitable employees after they have attained the age of 55 years. The Government servant also may, after attaining the age of 55 years, voluntarily retire after giving three months' notice to the appointing authority." The Memorandum was to take effect from December 1, 1962.;