TIKENDRA SINGH Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order of the learned Single Judge dated 02.12.2013 dismissing WP(C)No.284/2012 filed by the appellant/writ petitioner challenging the impugned order dated 27.03.2009 for compulsory retirement of the appellant/writ petitioner from service w.e.f. forenoon 01.07.2009.

(2.) Heard Mr. R Jha, learned counsel for the appellant/writ petitioner and Mr. K Paul, learned CGC appearing for the respondents.

(3.) The fact of the case sufficient for deciding the present writ appeal is briefly noted. The appellant/writ petitioner was enrolled as a recruit General Duty in Assam Rifles on 22.06.1979 and after completion of training at Assam Rifles Training Centre, he was posted to 13th Assam Rifles as his parent unit. On 26.01.1985, the appellant/writ petitioner was promoted to the post of Laince Naik/GD on the basis of good performance and thereafter on 10.11.1986, the appellant/writ petitioner was promoted to the rank of Naik/GD. On 01.12.1987, the appellant/writ petitioner was promoted to the post of Havildar/GD. The appellant/writ petitioner was further promoted to the post of Naib Subedar/GD on 13.07.2006. It is the further case of the appellant/writ petitioner that he successfully performed the duty of the Company Commander, ROP Duty, Insurgency Duty (I.S. Duty), Patrolling Duty, Platoon Commander Duty as well as any other duty which had been assigned to him being General Duty personnel by the respondent-authorities. It is also the further case of the appellant/writ petitioner that during the entire period of service, the appellant/writ petitioner successfully and diligently performed all type of tasks and duties conferred by the respondents and there was no adverse report against the appellant/writ petitioner in his service tenure. Moreover, in the year 2005, the appellant/writ petitioner was awarded with DIGAR Awards. All of a sudden, the respondent No.4 issued an order dated 27.03.2009 giving notice upon the appellant/writ petitioner to retire from service on the afternoon of 01.07.2009. The impugned order dated 27.03.2009 for compulsory retirement of the appellant/writ petitioner from service was assailed by the appellant/writ petitioner by filing WP(C)No.284/2012. The main grounds for assailing the impugned compulsory retirement order dated 27.03.2009 were that: