R.S. PANDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The vexed question of law that requires determination in this case is, whether the age of superannuation of Commandant (Selection Grade) in the Central Reserve Police Force is 58 years or 55 years ?

(2.) The above-mentioned question has arisen out of the following facts : The Central Reserve Police Force (In short 'C.R.P.F.') has been constituted under the Central Reserve Police Force Act, 1949 (hereinafter called the Act). Sec. 2(c) of the Act defines 'the Force' to mean the Central Reserve Police Force. Section, 2(d) of the Act defines 'Member of the Force' in the following terms :

(3.) Under Sec. 18 of the Act, the Central Government made Rules, known as Central Reserve Police Force Rules, 1955 (hereinafter called the Rules). Rule 2(b) of the Rule, defines 'Commandant' to mean the Commandant appointed to the Force. Rule 5 of the Rules deals with the composition of the Force and according to the said Rule a Battalion other than Signals Battalion, amongst others, would be constituted of the following Superior Officers:- <FRM>JUDGEMENT_134_LAWS(P&H)9_1992(1).html</FRM> Rule 5(2) of the Rules gives powers to the Central Government to make such changes in the composition of the Force as it deems fit. The said sub-rule is in the following terms:-