M S MALIK Vs. DIRECTOR GENERAL BSF

JUDGEMENT

(1.) By an order dated 8.4.1969, the petitioner was appointed as a Draftsman, Grade-II(Civilian) in non-combatised stream. He joined BSF in that capacity on 14th April, 1969 in the Engineering Set-up of Border Security Force, Headquarters, New Delhi. He was promoted as draftsman, Grade I with effect from 21st of September, 1979. In the year 1993, the petitioner opted for a newly created temporary post of Subedar-Major(Draftsman) in the pay scale of Rs.2000-3200, which was a combatised post. In view of petitioner exercising option from civil stream to combatised. stream, his appointment to the combatised post of Subedar-Major(Draftsman) in the pay scale of 2000-60-2300-EB-75-3200(pre-revised) with effect from 30th of November, 1993 was approved vide a Headquarters (Director-General), BSF order dated 30.11.1993. The petitioner tendered his technical resignation from the post of Draftsman, Grade I with effect from 30th of November, 1993, which he held prior to his appointment and assumption of charge of the combatised post of Subedar-Major(Draftsman).

(2.) In August 2002, the petitioner received an intimation from the respondents that he was to retire on 31st of July, 2003 and he was, accordingly, asked to submit his necessary pension papers. Aggrieved by such a move on the part of the respondents, the petitioner made a representation to the authority concerned pleading for his retention in service until attaining the age of 60 years on the ground that he having been appointed to a civil post and being a member of civilian staff was to be retired in accordance with rules applicable to the incumbents of civil posts. His representation, however, did not find favour with the appropriate authority and the same was rejected.

(3.) Dissatisfied with the rejection of his representation, the petitioner filed the present petition seeking a writ in the nature of mandamus directing the respondents to retire him on attaining the age of 60 years in July, 2006 in stead of retiring him on 31st of July, 2003.