JEEWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. Bora, learned counsel for the petitioner as well as Mrs. A. Gayan, learned CGC appearing for the respondents.

(2.) The petitioner therein 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 respectively 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 20/12/1987 and was serving in 33 Bn., Assam Rifles, C/O 99 APO. In due course, he was promoted as Havildar (GD) on 16/12/2009. It is not in dispute that the petitioner is medically fit and is in SHAPE-I category. On 8/8/2016, from the office of the Commandant 33 Bn., Assam Rifles an order was issued where the petitioner was directed to submit the documents to the record branch of 33 Bn., Assam Rifles at the earliest for preparation of pension documents.