JANARDHAN PRASAD Vs. UOI

JUDGEMENT

(1.) Petitioner retired from Army Service sometime in 1989. He was thereafter re-employed as Driver in (SPG) Special Protection Group by order dated 21.6.1991. His re-employment order stipulated that it would be initially for one year and then extendable upto three years on year to year basis. He served a full term of three years which was again extended by three more years. He was eventually relieved on 17.4.1997 after completing his six-year stint. He made representations against this which was rejected. He has now filed this petition for quashing this order and also the Cabinet Secretariat Order dated 16.12.1991 fixing six years term for ex-serviceman in SPG.

(2.) Petitioner's case is that once he was appointed in the Special Protection Group, he was entitled to continue under Section 11 of Special Protection Group Act till his superannuation. He also challenges Cabinet Secretariat order dated 16.12.1991 fixing the maximum 6 year term for ex-servicemen as arbitrary, unreasonable and discriminatory as it was not being applied uniformly. He alleges that though he was ousted, others of his class were retained.

(3.) Respondent's counter states that SPG was raised in 1985 as a wholly deputationist organisation drawing from Central police organisations and other departments of the Govt. Since adequate nominations from donor organisation were not forthcoming at one stage, it was permitted to recruit suitable ex-servicemen on re-employment basis initially for one year which was extendable upto three years. Subsequently tenure of re-employment was raised six years by Cabinet order dated 16.12.1991. It was in this background that petitioner was re- employed initially for one year and allowed to continue upto six years. It is denied that any person falling in this case was continued beyond six years except some deputationists who were governed by the terms of their deputation. The Cabinet Secretariat order is also justified in the context of the security syndrome of SPG.