- (1.) Heard learned counsel for the petitioner, learned C.S.C. for the respondents and perused the record. The petitioner has been made to retire after attaining the age of 58 years under Fundamental Rule 56. The petitioner however, claims that he is entitled to retire on attaining the age of 60 years and not 58 years, in view of Government notification dated 28th November, 2001 (annexure No. 3 to the writ petition), whereby, decision was taken to amend Rule 56.
(2.) Learned Standing Counsel has pointed out that Fundamental Rule 56 was amended by a Notification issued in exercise of powers under proviso to Article 309 of Constitution of India.
(3.) I find that under Fundamental Rule 56, age of retirement, strictly speaking, is still 58 years. There is no amendment in the eyes of law.;