Jagmohan Lal, J. - (1.) The petitioner chandi Datt Misra was In the employ of the State Government as Cane Supervisor. The Cane Commissioner.U. P. (opposite party No. 1) who was his appointing authority, served a notice dated 22.5.1967 (Annexure 1) on him under the first proviso to -clause (a) of Fundamental Rule 56 contained in Financial Hand Book Volume 11 as amened from time to time, requiring him to retire on attaining the age of fifty-five with effect from the afternoon of 9.9.1967. This order was served on the petitioner on 27.5.1967.On 22.8.1967 the petitioner applied to the C,ne Commissioner for grant of such leave and for such period as may be admissible to him under paragraph I of G O No. G-2.163/X-13-1957. dated 22.5.1964 with effect from 5.9.1967. He want allowed to hand over charge and proceed on leave with effect from 5-9-1967 and it was intimated to him (vide annexure 5) that he will be granted such leave as may be admissible to him under the rules with effect from 5-9-1967. Subsequently the petitioner was informed by means of the order annexure 8 that he had been sanctioned leave only for the period from 5.9.1967 to 9.9.1967 and with effect from 9.9.1967 he shall be deemed to have retired from service.
(2.) The petitioner in this writ petition challenged both these orders,that is, the order (annexure 1) compulsorily retiring him with effect from 9.9.1967 and the order (annexure 8) granting him only five days leave Instead of for the full period that was due to him under the rules.
(3.) The writ was opposed on behalf of the opposite parties 1 and 2 who are the Cane Commissioner, U P and Cane Development Inspector,Cane Development Union Gonda, respectively.;