The appellant who was retired compulsory on 12.1.1962 in pursuance of the order of the Public Works Department, State of Gujarat dated 12.10.1961 under the Bombay Rules when he had completed the age of 53 years, successfully contested that matter and obtained the order in his favour from this court in C.A. No. 409 of 1966 by the judgment dated 9.4.69 quashing the order of compulsory retirement and declaring "that the appellant was entitled to remain in service until he attained the age of 55 years" In pursuance of the above judgment of this court, the Government passed the following order on 4.8.1969, the relevant portion of which reads as under: "Shri T.S. Mankad should be deemed to have remained in service as Executive Engineer upto the date on which he had attained the age of 55 years i.e. upto 14.1.64 (A.N.) The orders issued in Government Order, Public Works Department No. DPA 1861 E dated 12.10.61 should be treated to have been cancelled.