RAM BARANSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) INITIALLY the petitioner was appointed as Constable Driver in the year 1965. He was promoted to the post of Lance Naik Driver and then Naik Driver after passing List `b' and List `c' promotional test. As a driver, it is stated that he had worked efficiently and there was no compliant what-so-ever. He has been retired pre-maturely on 19. 12. 1990 (Annexure-1) when he had completed 25 years of service. He was paid three months notice pay. He is challenging the order Annexure-1 on the ground that he was promoted to the post of Head Constable in the month of May 1988 itself and after such promotion there was nothing against him so as to deprive him the full service time superannuation and the order of pre-mature retirement is violative of Rule 56 (j) of the fundamental rules and Rule 43 (c) (i) of the CRPF Rules.

(2.) ADMINISTRATIVE Review Committee of Northern Sector, CRPF, New Delhi was constituted to review the cases of the employees. The Committee had found that the petitioner is not fit for further retention in service and retired him in public interest.

(3.) RELIANCE is placed on the judgment of Apex Court in Senior Superintendent of Post Offices, Allahabad & Ors. vs. Izhar Hussain (1), and Union of India and others vs. Shaik Ali