SHARDANANDMISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has been serving in Assam Rifles, a paramilitary force of the Government of India, since 26.11.70, the petitioner having joined the said force as a Rifleman (Nursing Assistant). In the year 1982, the petitioner was promoted to the post of Havildar (Pharmacist) and, thereafter he received his further promotion as Naib Subedar (Pharmacist) and on 05.10.1999, he was upgraded as Subedar Major (Pharmacist). The petitioner maintained an unblemished service record to the best satisfaction of his superiors. Pursuant to the recommendations of the 5th Central Pay Commission, the Government oflndia, Ministry of Home Affairs, issued Office Memorandum, dated 14.05.98 (Annexure 1 to the writ petition) raising the age of retirement from 58 years to 60 years with direction to amend the respective Acts and Rules and acting upon the said Office Memorandum, Instruction No. 4/99 was issued by the Assam Rules authority prescribing the supannuation age of all trades of Assam Rifles peaonnel including JCOs/Subedar (Majors) as 60 years. As per the Instruction No. 4/99 aforementioned, there will be for the JCOs of Assam Rifles, who are willing to serve upto the age of 60 years, review of their careers before completion of 55 years of age or 30 years of qualifying service. By order, dated 05.10.99 (Annexure 3 to the writ petition), the petitioner was promoted as Subedar Major (Pharmacist) with effect from 01.10.99. As per the notification of the Director General, Assam Rifles, which was published on 31.10.2000 (Annexure 5 to the writ petition), the petitioner was approved for retention in service beyond 30 years of qualifying service i.e. upto 60 years of age and this was confirmed by another letter, dated 03.11.2000, issued by the Commandant of Assam Rifles. However, overriding the effect of the said notification, dated 31.10.2000 and the subsequent letter, dated 03.11.2000, aforementioned, respondent No. 2, namely, the Director General of Assam Rifles, Shillong, published an order, dated 11.10.2002 (Annexure 6 to the writ petition) retiring the petitioner with effect from 30.09.2003 in exercise of powers conferred by FR 56 and Rule 48(1) (b) of the CCS (Pension) Rules, 1972.

(2.) With the help of the present writ application, the petitioner has approached this Court impugning the notice of retirement, dated 11.10.2002 (Annexure 6 to the writ petition) aforementioned and seeking, inter alia, issuance of Writ(s) setting aside and quashing the impugned order/notice, dated 11.10.2002, aforementioned and commanding the respondents to allow the petitioner to continue to remain in service till he attains the age of 60 years. As an interim measure the petitioner sought for directions to the respondents to allow him to continue in service till disposal of the writ petition.

(3.) While issuing rule on 14.3.2003, this Court provided for consideration of interim prayer of the petitioner on the returnable date. Upon considering the matter in its entirety, this Court passed an order, dated 12.08.2003 stating that the matter would be disposed of, as a whole, upon hearing, but making it, at the same time, clear that upon failure to do so, the prayer for interim direction would be considered and, eventually this Court, for reasons assigned in its order, dated 29.09.2003, allowed the prayer so made by the petitioner.