UNION OF INDIA Vs. LT COL KOMAL CHARAN

JUDGEMENT

(1.) Thequestionswhichfall for decision in these cases are as to whether the officers appointed on whole-time basis in the National Cadet Corps are governed by the Fundamental Rules applicable to the civil servants serving the Union of India and accordingly entitled to continue in service until the age of fifty-eight years or they retire under the terms and conditions of their service as contained in the Government order being letter dated 23-5-1980. The Central Administrative Tribunal, New Delhi, by the impugned judgment, has agreed with the respondents that they will remain in service till they attain the age of fifty-eight years in view of the provisions in Fundamental Rule 56 (a).

(2.) Special Leave is granted.

(3.) The respondents were earlier serving in the Armed Forces from 1962-67. After the expiry of their tenure they applied for appointment under the scheme of re-employment of ex-service officers in the National Cadet Corps and they were granted N.C.C. commission on whole-time basis. The grant of permanent commission was on the terms and conditions as laid down in the aforesaid letter dated 23-5-1980 which had inter alia fixed the age of retirement at fiftyfive, and it required the appointees to exercise their option to accept the same on the aforesaid terms and conditions if they so chose. Accordingly they were granted the permanent commission after they exercised the option as indicated in the letter. When the dates of their retirement were coming close the respondents filed the original applications before the Central Administrative Tribunal out of which these appeals have arisen. The Tribunal agreeing with the respondents held that they were entitled to continue the service until they attained the age of fifty-eight, and the service conditions as contained in the letter dated 23-5-1980 to the contrary were not legally valid.