V M KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is Major and Second in Command of the 106, Infantry Battalion of the Territorial Army, Bangalore. Aggrieved by the order of the Director of Territorial Army, Territorial Army Directorate, New Delhi, issued with the approval of the Central Government ordering his premature retirement, he has presented this writ petition.

(2.) The petitionen was an officer of the Income-tax Department. He applied for a Commission in the Territorial Army (hereinafter referred, to as 'TA'). After successful completion of the Service Selection Board Examination, he was granted a Territorial Army Commission on 23-8-1957 and he wa,s attached to 105 Heavy Anti-Aircraft Regiment Artillery (TA), Bangalore. The Air Defence Regiment (TA) were converted, into regular Army Units in a phased programme from 1973-76. This resulted in surplus of staff. Among large number of officers, who became surplus, the petitioner is one of them. Option was given to the officers rendered surplus for the aforesaid reason either to relinquish the Territorial Army Commissions voluntarily or to retire prematurely or to give a certificate of willingness for a change from Artillery to Infantry. By a communication dated 11-5-1976, the willingness of the petitioner was called for by the third respondent. The said communication reads as follows :

(3.) The case of the petitioner jp that in terms of the statutory provisions governing the tenure of his appointment, his tenure is three years from the date of appointment or till the completion of 50 years of age which is the age of retirement, whichever 'is earlier and, therefore, the impugned order brings about his premature retirement in contravention of the statutory provisions governing his tenure of office and as such the same is liable to be quashed.