- (1.) THESE are two appeals (R. S. A. Nos. 171 and 256 of 1953), one brought by the plaintiff Dass mal, and the other by the Union of India against an appellate decree of the Additional District judge of Ferozepore dated 8-1-1953 by which the decree of the trial Court was modified to this extent that instead of the relief that the plaintiff is entitled to remain in service up to the age of 60 years, 55 years was substituted.
(2.) THE plaintiff was born on 16-3-1894. On 4-1-1918, he joined as a civilian clerk in the R. I. A. S. C. During the 2nd World War the plaintiff became a full-fledged member of the Defence forces and was given the rank of Subedar. By an order of the Director of Supplies and Transport no. 42, dated 5-10-1941 it was provided that non-combatant clerks, who were granted Viceroys commissions, would hold lien on their substantive appointments until such time as they are absorbed in the peace cadre of V. C. O's and in the case of those who are not eventually absorbed but are reappointed to their substantive appointments, the service as V. C. O. will count as qualifying for pension in their substantive appointments; see Ex. P. 5. Under an order issued on the 20-7-1946 discharges of V. C. O's of R. I. A. S. C. (SUP) serving on a regular engagement were provided for; see Ex. P. 15. At No. 2 V, C. O's, who were "militarized under-AI (I) 380/41" became due for compulsory discharge as under--"sub Majors (on status) On attaining 55 years Subedars and Jemadars of age. " on terms and status. By the third clause, V. C. O's who had already completed their age, service or tenure limits were to be discharged by OC's of units direct from the units concerned, and such an Officer was competent authority to sanction the discharge. Reference there is Hindu to the Table annexed to indian Army Act Rule 13 (b ). In this order made under Rule 13 a V. C. O. could be discharged by a Commanding Officer under the following circumstances-- "on completion of the period of service or tenure specified in the Regulations for his rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Commander-in-Chief in India, or on becoming eligible for release under the Regulations".
(3.) BY Ex. P. 3 dated 30-5-1947 the Adjutant General in India made an order for disposal of V. C. O's (Supply) and the following categories of V. C. O's were to be released-- "all those NOT recommended as suitable for retention in the post war army of the following categories-- (i) Subedar -- 28 years pensionable service. (ii) Jamadars -- 24 years pensionable service. " On 7-6-1947 the services of the plaintiff were ordered to be terminated as he was not suitable for retention in the post-war army see Ex. P. 4. Exhibit P. 2 shows that on 27-2-1948 the plaintiff was discharged. A document Ex. P. 10, dated 25-12-1948 has been placed on the record which shows that the retirement of ministerial Government servants governed by Article 459 (a) (i) of c. S. R. was raised to sixty years with certain provisos.;