COLONEL V.B. SALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Is the action of the respondent-Union of India in retiring the appellant at the age of 55 years vide order dated Nov. 4, 1988 legal and valid ? This is the short question that arises for consideration in this appeal. The learned Single Judge having dismissed the writ petition, the appellant has filed the present appeal. A few facts may be noticed.

(2.) The appellant was born on Oct. 19, 1934. He was commissioned in the Indian Army on Oct. 10, 1960. The appellant got periodic promotions. On July 18, 1986 he was promoted as an Acting Colonel. Vide order dated Nov. 4, 1988, a copy of which has been produced as Annexure P-3 with the writ petition, the Army Headquarters informed the appellant that he would retire on Oct. 31, 1989 on attaining the age of 55 years. Aggrieved by this order the appellant filed the writ petition. He alleged that the provisions of the amended Rules were not applicable in his case and that in any event the action in retiring him at the age of 55 years was violative of the provisions of Articles 14 and 16 of the Constitution. The appellant maintained that he had a right to continue in service till the age of 57 years. He consequently prayed that the order dated Nov. 4, 1988 be quashed.

(3.) The respondents contested the appellant's claim. They filed a written statement asserting that the appellant had been rightly ordered to be retired in conformity with the provisions of Rule 16-A.