NARESH CHANDER VASUDEVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed under Articles 226 and 227 of the constitution of India by an Army Officer, a Lt. Colonel, who on attaining the age of 50 years, which is the normal period of retirement for the Colonel, has been retired by an order dated 3rd September, 1980 (Annexure-L), with effect from 31st March, 1981.

(2.) THE first grievance of the petitioner is that the said order Annexure-L be quashed or annulled and the respondents be restrained from retiring the petitioner from service before the age of superannuation i. e. 31st March, 1983 as by letter dated I2th March, 1980 issued by the Military Secretary (Anne-xure-D) the petitioner has been approved for promotion to the acting rank of Brigadier, though this letter further states that he will be promoted in his turn subject to continued satisfactory performance and medical fitness. His other grievance is that by an order dated 4th December, 1979 (Annexure-G), the Chief of the Army Staff has approved the retention in service of the petitioner amongst other Lt. Colonels up to the age 52 years, beyond the minimum age of retirement, though this retention is also subject to continued satisfactory performance and medical fitness and in continuation of the aforesaid letter dated 4th December, 1979, it has been clarified by subsequent letter dated 30th May, 1980 (Annexure-H) that the date of grant of retention in service beyond minimum age of retirement in respect of the petitioner be read for 2 years i. e. up to 31st March, 1983.

(3.) THE facts of this case are not in dispute. The petitioner is a permanent regular commissioned officer in the Indian Army with the substantive rank of Lieutenant Colonel, which he has been holding since 1st march, 1972. He was commissioned in the army on 11th December, 1955. The petitioner during his tenure of service served the army in peace, field and war and in command of troops, staff and instructional appointments with distinction and that his meritorious and efficient services have been recognised as mentioned in para 1 of the petition.