COLONEL V B SALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The question to be determined in the present writ petition is whether the age of retirement of the petitioner is 55 years or 57 years.Vide order dated 4.11.1988 (Annexure P-3) issued by the Army Head quarters it was intimated that the petitioner would retire from Army Service w.ei. 31.10.1989 on attaining the age of 55 years. It is this order which has been impugned in the present writ petition. The case of the petitioner is that he, having attained the rank of Colonel in the Army, was to retire on attaining the age of 57 years but he was retired at the age of 55 years. In brief the facts of the case are that the petitioner's date of birth is October 19, 1934. He was commissioned in Indian Army on 10th October, 1960 in the Remount Veterinary Corpus (RVC for short). He was promoted to the rank of Captain on 10.10.1963, as a Major on 10.10.1969 and was made substantive Lt. Colonel on 10.10.1978. He was given the rank of Acting Colonel with effect from 18.7.1986. As per the rules and regulations the promotion in the RVC upto the rank of Lt. Colonel is a time scale of promotion and thereafter the promotion depends upon selection which is done by a Board constituted by the Chief of Army Staff every year. The substantive promotion to the rank of Colonel depends upon availability of a vacancy in the rank of substantive Colonel. However, all Lt. Colonels who are found suitable and selected for promotion to the rank of Colonels are given acting rank and are made substantive only as and when a vacancy becomes available.

(2.) The authorities referred to in sub-rule (1) shall be

(3.) Orders of retirement shall specify the date from which retirement shall be effective and subject to the provisions of sub-rule (4), the officer shall be relieved of his duties on that date.