UNION OF INDIA Vs. BRAHMA DUTT TRIPATHI

JUDGEMENT

(1.) THE challenge in this appeal is to the order dated 19th February 2003 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.21805 of 2003, affirming the judgment and order of 14th July, 1997 passed in T.A. No. 551 of 1987 by the Central Administrative Tribunal, whereby the order of 30th November, 1979 declining further extension of service of the respondent beyond 10th December, 1979 was set aside. THE Tribunal further directed that the respondent be accorded the benefit by treating the age of superannuation at 45 years with all other consequential benefits. Aggrieved thereby, this appeal is filed by the Union of India.

(2.) THE respondent, Brahma Dutt Tripathi, was a Short Service Commission Officer commissioned as a 2nd Lieutenant during the Chinese Aggression in 1963. He was released from the Indian Army with effect from 31.3.1969. He applied for Commission in National Cadet Corps (NCC). He was appointed under the Scheme floated by the Government of India for rehabilitation of Short Service Commission Officers in the Army and he joined the NCC on 11.12.1969. THE Scheme of 21.12.1963 was issued under provisio (iii) to Rule 16 of NCC Rules, 1948. THE Scheme under which the respondent was appointed was a composite Scheme. We will deal with the Scheme at an appropriate time.

(3.) THE short question which arises for our consideration is, as to whether the appointment of the respondent to the NCC Commission was in accordance with the NCC Act and Rules or under a composite Scheme formulated by the Government of India in exercise of its powers under proviso (iii) to Rule 16 of the Rules?