NAWAL KISHORE THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T.N. Srinivasan, learned counsel for the petitioner as well as Mr. K. Gogoi, learned CGC appearing for the respondents.

(2.) The petitioner herein was compulsorily retired on completion of 30 years of service and upon attaining the age of 55 years. The legality of the orders by which the petitioner was retired, is under challenge in this writ petition filed under Article 226 of the Constitution of India. The petitioner has also prayed to direct the respondent authorities to allow him to continue in service up to the normal age of superannuation, i.e. up to 60 years. It may be mentioned that by virtue of interim order passed in the writ petition, the operation of the impugned order was suspended/ kept in abeyance.

(3.) In brief, the case of the petitioner is that he was enrolled as Rifleman (General Duty) on 28/2/1987 and was serving in 18 Bn., Assam Rifles. In due course, he was promoted as Havildar (GD). It was not in dispute that the petitioner is medically fit and is in SHAPE-I category. On 6/8/2016, the Commandant 18 Bn., Assam Rifles had issued a show-cause notice to inform the petitioner he would be completing 30 (thirty) years of qualifying service on 14/3/2017. He was also informed that due to non-fulfilling of the requisite QR as per HQ DGAR letter no. I.31019/ AR/2015/Adm-III/227 dtd. 21/8/2015, further retention of his service beyond 30 years qualifying service cannot be recommended, and in this regard, reference was made to the Central Civil Services (Pension) Rules, 1972 and ROI 1/2004.