Sinha, J. - (1.) The petitioner was employed as the Chief Ministerial Officer of the Small Causes Court at Sealdah. He joined service on the 6th March, 1922, and attained the age of 55 years on the 31st December, 1954. On the 22nd June, 1954, an order was made by the District Judge of 24-Pargannas to the effect that the petitioner was directed to retire from Government service with effect from the afternoon of the 31st December, 1954. Against this order, the petitioner submitted a representation praying that he should be retained in service upto the 60th year. It appears that the Small Causes Court Judge at Sealdah recommended the petitioner's retention very strongly, stating that he was fit for continued service. This was also endorsed by the District Judge, who recommended the petitioner's case to Government. On the 17th September, 1954, the District Judge received a communication from the Government of West Bengal to the effect that careful consideration was given to the petition praying for retention of the services of the petitioner, but Government were unable to accede to his prayer. On the 23rd November, 1954, this Rule was issued calling upon the opposite parties to show cause why a writ in the nature of certiorari should not issue quashing the order dated the 17th September, 1954, complained of in the petition and/or why a Writ in the nature of Mandamus should not issue directing the opposite parties to forbear from giving effect to the order of compulsory retirement of the petitioner and to retain the petitioner in service till he attained the age of 60, or why such further or other order or orders should not be made as to this Court may seem fit and proper.
(2.) The matter has been exhaustively argued on both sides and it seems to me that in the result the decision depends on a very short point, viz., as to whether Rule 56(b) (i) of the Fundamental Rules applies to the case, or Rule 75 (a) of the West Bengal Service Rules would apply.
(3.) Rule 56(b) (i) of the Fundamental Rules runs as follows : "A ministerial servant, who is not governed by clause (ii) may be required to retire at the age of 55 years, but should ordinarily be retained in service, if he continues efficient, up to the age of 60 years. He must not be retained after that age except in very special circumstances, which must be recorded in writing, and with the sanction of the Local Government.";