LT. COL. NARESHSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed under Arts. 225 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 a Lt. Col., has been retired by an order dated 3rd September, 1980 (Annxure -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 12th March, 1980 issued by the Military Secretary (Annexure -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.) IT is not indispute that there is a mandatory requirement of annual medical examination for all Army Officers as per army order 169 of 1978 (Annexure A) and the medical classification to officers is required to be awarded in accordance with Army order 43 of 1978 Instructions for medical classifications of serving officers (other than JCOs) - (Annexure B), under five factors indicated by the Code letter SHAPE, which represents the following : - -