Case Note & Summary
The dispute concerned the retirement age of a permanent NCC commissioned officer. The respondent, Major R.N. Mathur, was granted a permanent NCC Commission in 1980. His letter of appointment dated 23.5.1980 contained clause 5, which stated that these officers, if otherwise not found unfit, would be eligible to serve till 55 years. The appointment was made under the Government of India’s letter dated August 4, 1978, as amended. The respondent later sought retention in service till 57 years, relying on para 8 of the appointment letter and arguing that rules framed under Section 13 of the NCC Act did not fix the age of retirement. The Central Administrative Tribunal, Jaipur, allowed his original application (O.A. No. 648/94) on 6.3.1996 and directed the Union of India to retain him till 57 years. The Union of India appealed to the Supreme Court. The Supreme Court noted that clause 5 of the appointment letter expressly fixed the age of superannuation at 55 years. It referred to its earlier decision in Union of India & Anr. v. Lt. Col. Komal Chand & Ors., AIR 1992 SC 1479, where it was held that para 8 of the appointment letter made only a limited application of the Civil Services Rules for pension and could not render the provision fixing retirement at 55 years nugatory. The Court also held that in the absence of any statutory rule or Fundamental Rule, the Central Government was fully authorised to fix the age, and the officer had accepted the appointment voluntarily. Therefore, the officer must retire at 55 years. The Supreme Court allowed the appeal, set aside the Tribunal’s order, and held that the respondent must retire at 55 years. No order as to costs was made.
Headnote
A) Service Law - Retirement Age - Age of Superannuation - Appointment Letter for Permanent NCC Commission - Clause 5 fixed superannuation at 55 years; para 8 limited Civil Services Rules to pension only; no statutory rules under National Cadet Corps Act, 1948 Section 13 or Fundamental Rules applied; Central Government authorised to fix age accepted voluntarily - Held that permanent NCC commissioned officer must retire at 55 years and Tribunal direction to retain till 57 years was erroneous.
Issue of Consideration
Whether a permanent NCC commissioned officer whose appointment letter stipulated retirement at 55 years could claim service till 57 years by relying on para 8 of the appointment letter or absence of statutory rules under the NCC Act.
Final Decision
Appeal allowed. The Supreme Court set aside the Central Administrative Tribunal's order directing retention till 57 years and held that the respondent must retire at 55 years as per clause 5 of the appointment letter. No order as to costs.
Law Points
- Permanent NCC Commission appointment letter fixed age of superannuation at 55 years
- para 8 of appointment letter applied Civil Services Rules only for pension
- in absence of statutory rules Central Government authorised to fix age
- officer accepted terms voluntarily and cannot claim different retirement age
- Fundamental Rules and statutory rules have no application
Case Details
K. Ramaswamy, G.B. Pattanaik
Altaf Ahmed, N.N. Goswami, Ashok K. Srivastva, Anil Katiyar, Mridul Aggarwal, Major R.N. Mathur (In-person)
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Nature of Litigation
Service law dispute over retirement age of a permanent NCC commissioned officer.
Remedy Sought
Respondent Major R.N. Mathur sought retention in service till 57 years before Central Administrative Tribunal; Union of India appealed against Tribunal order directing such retention.
Filing Reason
Respondent claimed entitlement to serve beyond 55 years based on para 8 of appointment letter and absence of statutory rules fixing retirement age under NCC Act, while clause 5 of appointment letter fixed age at 55 years.
Previous Decisions
Central Administrative Tribunal, Jaipur allowed O.A. No.648/94 on 6.3.1996 and directed appellants to retain respondent till 57 years; Supreme Court granted leave and heard appeal.
Issues
Whether a permanent NCC commissioned officer whose appointment letter fixed retirement age at 55 years could claim service till 57 years based on para 8 or absence of statutory rules under NCC Act
Whether Fundamental Rules or statutory rules apply to determine age of superannuation for such officers
Submissions/Arguments
Respondent contended that para 8 of the appointment letter made Civil Services Rules applicable, entitling him to continue beyond 55 years
Respondent argued that since rules framed under Section 13 of the NCC Act do not fix age of retirement, he could not be retired at 55 years
Appellants contended that clause 5 of the appointment letter expressly fixed superannuation age at 55 years, para 8 only applied Civil Services Rules for pension, and Fundamental Rules and statutory rules had no application
Ratio Decidendi
The terms of appointment for permanent NCC commission, accepted by the officer, fixed the age of superannuation at 55 years. Para 8 of the appointment letter applied Civil Services Rules only for pension, not for retirement age. In absence of any statutory rule or Fundamental Rule, the Central Government was authorised to fix the age, and the officer having accepted the appointment could not later claim a different retirement age.
Judgment Excerpts
Clause (5) of the appointment letter says that these officers, if otherwise not found unfit, would be eligible to serve till 55 years.
This Court has clearly laid down that para 8 makes a limited application of the Civil Services Rules in regard to pension only and cannot be held to have rendered the provisions of para 5 fixing in clear and express terms 'the age of superannuation as fifty five years nugatory'.
In the absence of a Rule to the contrary the Central Government is fully authorised to fix the age which it has done and which was accepted voluntarily by the respondents. They must now retire when they reach the age of 55 years.
Procedural History
Original Application No. 648/94 filed before Central Administrative Tribunal, Jaipur; Tribunal allowed the application on 6.3.1996 directing appellants to retain respondent till 57 years; Union of India appealed to Supreme Court; leave granted; Supreme Court heard appeal and allowed it on 4.11.1996.
Acts & Sections
- National Cadet Corps Act, 1948 (NCC Act): Section 13
