UNION OF INDIA Vs. R C DSOUZA

JUDGEMENT

(1.) This appeal by special leave is against the judgment of the Andhra Pradesh High Court in a writ appeal arising out of the judgment of a learned single Judge in an application under Art. 226 of the Constitution.

(2.) The respondent on taking premature retirement on compassionate ground from the Indian Army at the age of 33 was offered appointment as Assistant Commandant in the Central Reserve Police Force (CRPF for short) and was given appointment initially for a period of three years. Early in 1970 he was promoted on temporary basis as Commandant on the basis of selection. In October 1970, the President sanctioned his continued re-employment for one year as Commandant. The respondent was asked to opt for absorption. In the meantime, his promotional appointment as Commandant was extended from time to time. In June 1976, he was informed by the Director General of the C.R.P.F. that in view of the R. 107 of the Central Reserve Police Force Rules, 1955, he was not entitled for absorption in the Force. A representation of the respondent was rejected by the President. Thereupon, he applied to the Andhra Pradesh High Court under Art. 226 of the Constitution for a direction for his absorption in the Force. The learned single Judge referred to R. 105 which deals with recruitment and R. 107 dealing with tenure and on the basis that there was nothing in these rules to disentitle a retired or released army officer from absorption, directed the appellants to consider the respondent's permanent absorption. The Division Bench upheld the direction and dismissed the appeal of the appellants.

(3.) Rule 105(3-A) dealing with recruitment, inter alia, provides that the post of Assistant Commandant shall be filled: