MUNNA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions filed separately were taken up and heard together since the issues and questions involved are common, inasmuch as, it relates to similar and almost identical impugned orders wherein, the respondent taking recourse to the provision of Clause 56 (j) of the Fundamental Rules and Rule 48 (1) (b) of the Central Civil Services (Pension) Rules, 1972 had caused retirement of the petitioners herein on their completion of thirty years of qualifying service. Accordingly, it is deemed expedient and convenient for these matters to be taken up together and a common order to be passed thereto.

(2.) The petitioner in WP(C) No. 64 of 2015, Md. Munna was serving as Naib Subedar Clerk at Headquarter 5 Sector Assam Rifles at the relevant period when he was served with an order dtd. 18/2/2015 (Annexure-5) passed by the respondent No. 2 by virtue of exercise of power conferred by Clause 56 (j) of the Fundamental Rules and Rule 48 (1) (b) of the CCS (Pension) Rules, 1972, wherein he was given notice that on completion of thirty years of qualifying service for pension, he shall retire from service on the forenoon of 1/9/2015.

(3.) Being aggrieved by the said order dtd. 18/2/2015, the petitioner has approached this Court with a prayer to set aside and quash the said order impugned.