P PATNI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the. Indian Army as an Emergency Commissioned Officer on 9.2.1964. After his release therefrom in June 1969, he joined the Special Service Bureau, Directorate General of Security, Cabinet Sceretarial, as a Deputy Superintendent of Police w.e.f. 28th February, 1970. Thereafter, the petitioner was promoted to the rank of Commandant, w.e.f. 7th November, 1985.

(2.) The petitioner was further promoted to the next higher rank of Commandant, Special Grade from 12th April, 1991. The petitioner continued to be in the rank of Selection Grade Commandant till he was superannuated on 31st July, 1994.

(3.) The petitioner's main grievance in this petition is that the petitioner has been illegally and prematurely retired and superannuated by the respondent w.e.f. 31st July, 1994, at the age of 55 years. According to the petitioner, the age of retirement for Selection Grade Commandant is 58 years. It is submitted that the petitioner has been deprived of three years service which has greatly prejudiced him not only in status, pay and allowances, pensionary benefits, etc. but his prospects of further promotions have also been seriously affected.