K S RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether increasing the age of retirement from 58 years to 60 years in the case of other officers whereas increasing the same to 59 years in the case of Brigadiers, is unconstitutional or not, is the question involved in these writ petitions.

(2.) The fact of the matter, however, is being noticed from CW 2559/2000 Brig. K.S. Rao's case.

(3.) The petitioner is working in the defence forces. The Government of India vide Office Memorandum dated 13lh May 1998 issued decision of the Union of India to implement the recommendations made by the Fifth Central Pay Commission vide letter No. 25012/N/97- Estt(A) of Ministry of Personnel, Public Grievance & Pensions (Department of Personnel & Training) which made recommendations that the Central Pay Commission was constituted for revising the pay scale of the Central Government employees including the defence officers. Consequent upon acceptance of the recommendations made by the said Commission, the Central Government issued a notification on 30th May 1998 and thereby Fundamental Rules were amended. Rule 56 of the Fundamental Rules, 1963 was amended to the effect that every Government servant shall retire from services on the afternoon of the last day of the month in which he attains the age of sixty years. No rule made in terms of the proviso appended to Art 309 of the Constitution apply to personnel or under the provisions of the Army Act. In relation to the personnel of Armed Forces and the Central Para-Military Forces, a policy memorandum was issued, inter alia, stating: