- (1.) THE question that requires to be determined in this writ petition is as to whether Gian Singh under his conditions of services was liable to be retired On his attaining the age of 55 without compliance with the provisions of Article 311 of the Constitution.
(2.) THIS case has come before us in the Division Bench in view of the conflict in the decision of khosla J. in Krishan Dayal v. General Manager, Northern Railway, Baroda House, New Delhi air 1954 Punj 245, and that of Mehar Singh J. in Mangal Dass v. Union of India, 1958-60 Pun, lr 277.
(3.) THE facts relevant for the decision of this question are not in dispute. Gian Singh entered government service in 1926 as a ministerial servant. He attained the age of 55 on 23-10-1958. At that time he was working as translator in the court of District and Sessions Judge, Delhi. He applied for extension of his service for one year but his application was dismissed by the District and Sessions Judge on the ground "he is not a willing worker and always tries to find excuses and indulges in intrigues. Gian Singh appealed to the High Court on THE administrative side against the decision of the District and Sessions Judge, Delhi, refusing to extend his period of service. This appeal, however, was dismissed, Aggrieved with his retirement at the age of 55, gian Singh hay filed the present petition in this Court under Article 226 of the Constitution,;