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1996 Supreme(SC) 1832

K.RAMASWAMY, G.B.PATTANAIK
Union Of India – Appellant
Versus
Major R. N. Mathur – Respondent


ORDER

Leave granted.

2. Heard learned counsel for the appellants and Major R.N. Mathur, respondent-in-person.

3. This appeal arises from the judgment and order of the Central Administrative Tribunal, Jaipur, made on 6-3-1996 in O.A. No. 648/94.

4. Admittedly, the respondent was granted, in 1980, a permanent NCC Commission. The letter of appointment dated 23-5-1980 indicates that, as a condition, the selected officers granted permanent NCC Commission under the Government of India s letter dated August 4, 1978, as amended, might be appointed in NCC units and on staff including Directorate General, NCC. Clause (5) of the appointment letter says that these officers, if otherwise not found unfit, would be eligible to serve till 55 years. This controversy is no longer res integra. This question was considered by this Court in Union of India & Anr. v. Lt. Col. Komal Chand & Ors.1 wherein it was held that it was considered desirable that before a person was granted NCC permanent Commission in terms of the above letter, an opportunity should be given to him to consider the terms and conditions of the appointment and then he may indicate his choice by exercising his option in the form prescribed







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