P P SINGH RAJPUT Vs. UNION OF INDIA

JUDGEMENT

(1.) The tenure of service of the writ petitioner has been axed on attaining the age of 51 years 9 months, instead of his full term of service of 60 years, by way of compulsory retirement in purported exercise of power under Fundamental Rule 56 (hereinafter to be referred to as FR), read with Rule 48 (l)(b) of the Central Civil Services (Pension) Rules, 1972 (hereinafter to be referred to as C.C.S. (Pension Rules), vide order dated 27.3.2000. It is the question to be determined by this Court, in exercise of power under Article 226 of the Constitution of India, as to whether the power, so exercised, under the Rules as mentioned hereinabove has been made in public interest and whether there is any public element present in order to sustain the order of compulsory retirement and if not, whether the petitioner is entitled to continue in service till his normal superannuation, with all consequential benefits.

(2.) In order to resolve the controversy in regard to compulsory retirement, certain basic facts are required to be narrated.

(3.) The petitioner was enrolled in the Assam Rifles on 29.6.1966 as Rifleman Operator in the signal category and posted at Shillong. The Assam Rifles under whom the petitioner was absorbed is a paramilitary force of the Government of India. After serving of about 17 years as Rifleman Operator, he became a Naib Subedar on 11th February, 1983 and he became a Subedar in the year 1990 and was promoted to the rank of Subedar Major in 1994.