R.H.ZAIDI, J. - (1.) HEARD learned Coun­sel for the petitioner, learned Standing Counsel and also perused the record.
(2.) BY means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of cer -tiorari quashing the notice/order of retire ­ment dated 14 -2 -1997, whereby the petitioner was sought to be retired with effect from 31 -7 -1997 -on attaining the age of 58 years. Learned Counsel for the petitioner has vehemently urged that the petitioner was a member of Lower Subordinate Forest Service (Group D) post. He, there ­fore, in view of the provisions of Rule 56 of the Fundamental Rules, as amended up to date, cannot be retired before he1 attains the age of 60 years. It was urged that the petitioner before he attained the age of 60 years, was sought to be retired illegally on attaining the age of 58 years by means of impugned notice. Learned Counsel for the petitioner submitted that the impugned notice was, therefore, liable to be quashed and respondents were liable to be directed to permit the petitioner to continue to hold the post in question and discharge his duties till he attains the age of 60 years.
(3.) ON the other hand, leanred stand ­ing counsel, appearing for the respondents submitted that the post of Forest Guard is a superior post and cannot be said to be Group D post. Therefore, the petitioner was rightly retired on attaining the age of 58 years.;