(1.) THE petitioner as on today is an Accounts Officer (Gazetted) grade -II in the Border Security Force. He was born in the month of October, 1942. He should have superannuated in the month of October, 1942. He should have superannuated in the month of October, 1997. He thus attained the age of 55 years in October, 1997. He should have superannuated in the month of October, 1997 but for extension granted to him. This extension was granted in terms of rule 43 (b) of the Central Reserve Police Force rules of 1995. This order was passed on 30th Sep., 1997. Para 2 of this order recites that the officer will retire from service on expiry of said period on 31st March. 1997. Apprehending that he would not get further extension, he has approached this court. He submits that he falls within the category of "Civilian in Defence Forces" and therefore the age of retirement should be taken as 58 years. As above is the only aspect of matter which is required to be taken note of, therefore, facts dealing with the service profile of the petitioner have not been noted in detail.
(2.) THE petitioner joined the service on 5th of Nov., 1996 as Upper Division Clerk. In the year 1969 the Ministerial Cadre in the Border Security Force came to be combatised. All these officials who came to be combatised came to be governed by the Border Security Forces Act and the rules framed under it. The petitioner submits that as any other civilians holding civil post in connection with the affairs of the Union of India, he should be permitted to continue in service as a matter of right upto the age of 58 years. He submits that by resorting to the procedure of combatising the age of retirement can not be taken as 55 years. The petitioner submits that he has good record and therefore his case should be considered for grant of extension. In para 5 of the petition instances have been quoted. The names of the officers who have been granted extension have been indicated. In a nutshell as indicated above, the petitioner submits that he has a right to continue in service upto the age of 58 years. In any case he submits that he should be granted extension as has been done in the case of other employees.
(3.) OBJECTIONS have been filed.