Sikri, J. - (1.) The respondent, Shri Madam Mohan Nagar, filed a writ Petition in the High Court of Judicature at Allahabad for quashing the order of compulsory retirement, dated July 28, 1960 , passed against him. The order of compulsory retirement was in the following terms:"I am directed to say that the Governor has been pleased to order in the public interest under Art. 465-A and Note (1) thereof of the Civil Service Regulations, the compulsory retirement with effect from September 1, 1960 of Sri Madan Mohan Nagar, Director State Museum, Lucknow, who Completed 52 years of age on July 1, 1960, and 28 years and 3 months of qualifying service on 31st May 1960, as he has outlived his utility."
(2.) The learned Single Judge who heard the Petition quashed the order on the ground that "Rule 465 of the Civil Service regulations as amended by the U. P. Government while providing a criterion for the guidance of Government when inflicting compulsory retirement on a Government servant nevertheless violates the guarantee of equality of opportunity in matters relating to employment under Art. 16 (1)" of the Constitution. He further held that the order inflicting, compulsory retirement on the petitioner was invalid because it was passed in violation of the principals of natural justice.
(3.) The State appealed and the Division Bench on appeal upheld the order passed by the learned Single Judge on the ground that the order of compulsory retirement was passed in violation of the provisions of Art .311 of the Constitution and was therefore, ultra vires. The State having obtained special leave, the appeal is now before us.;