V BALARAMA RAJU Vs. NATIONAL CADET CORPS,. ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed challenging several amendments made by the Union Government of India to R. 22 of the National Cadet Corps Rules reducing the age of retirement of a Commissioned Officer in National Cadet Corps (N.C.C.) from 52 years to 45 years. The challenge is based on the ground that the abovesaid amendments to R. 22 are illegal on the ground that those rules made under the National Cadet Corps Act cannot be made retrospectively and cannot affect the vested right of the N.C.C. Officers who were already in N.C.C. by the date of amendment to go up to 52 years. Basing on that premise it is also argued that the right guaranteed to the petitioner under Art. 311 of the Constitution not to be dismissed or removed from service before his age of superannuation is violated. It is further argued that these amendments are violative of the petitioner's rights guaranteed under Arts. 14 and 16 of the Constitution.

(2.) Armies of words have trampled upon these trodden grounds and judgment after judgment has rejected these arguments as totally fallacious, but apparently without succeeding in burying them. These arguments, like Phoenix, seem to rise fresh from the ashes of defeat.

(3.) While working as a Hindi Pundit in the Maharajah High School of Vizianagaram. the petitioner Raju was first commissioned on 20-10-1959 as a 3rd Grade Officer in the N.C.C. By his sheer merit and ability, Raju had climbed up to become, by the year 1974, the Chief Officer in N.C.C. when he was commissioned in that year as the Chief Officer. The N.C.C. was constituted under the authority of our Parliament. The National Cadet Corps Act of 1948 governs the recruitment to the Corps and also regulates its service conditions, including the question of discharge of the Officers commissioned into the NCC. S. 13 of the above Act vests the Central Government with the authority to make rules. In particular, that Section empowers the Central Government to make rules prescribing the manner in which, the period for which, and the conditions subject to which, any person may be enrolled under the above Act. The Central Government, in exercise of this rule-making power, prescribed from time to time differing periods for which any person may be enrolled in the NCC. Prior to 1962, the age of discharge of a part-time N.C.C. Officer, like Raju, under these rules was only 45 years with a provision for extension up to 50 years. In Dec. 1962, these rules for discharge were amended raising the age for discharge to 52 years extendable up to 55 years. (This amendment is hereinafter called the 'first amendment'). However, by a series of subsequent amendments, R. 22 of the National Cadet Corps Rules, which deals with age of discharge, was further altered. By S.R.O. No. 112 of 1971 (hereinafter called 'the second amendment'), the age of discharge was once again reduced to 45 years with a provision to extend the service up to 50 years. By S.R.O. No. 301 dated 18th Aug. 1977, once again rule 22 was amended providing that an NCC Officer should be discharged at the age of 45 years or on completion of 15 years of service, whichever is earlier (this is hereinafter called 'the third amendment'). The last and fourth amendment was made to R. 22 on 21st Aug., 1979 in S.R.O. No. 9-E of 1979 providing that NCC Officers should hold their commission up to 45 years of age, with a provision empowering the competent authority with the discretion to grant extension of service within the period up to 31st Dec. 1981 up to the age of 50.