The main legal point established in the judgment is that the impugned order of premature retirement violated the statutory provisions governing the tenure of appointment and the principles of natural justice.

( 1 ) THE petitioner is Major and Second in Command of the 106, Infantry battalion of the Territorial Army, Bangalore. Aggrieved by the order of the Director of Territorial Army, Territorial Army Directorate, New Delhi, issued with the approval of the Central Government ordering his premature retirement, he has presented this writ petition.

( 2 ) THE petitionen was an officer of the Income-tax Department. He applied for a Commission in the Territorial Army (hereinafter referred, to as 'ta' ). After successful completion of the Service Selection Board Examination, he was granted a Territorial Army Commission on 23-8-1957 and he wa,s attached to 105 Heavy Anti-Aircraft Regiment Artillery (TA), bangalore. The Air Defence Regiment (TA) were converted, into regular army Units in a phased programme from 1973-76. This resulted in surplus of staff. Among large number of officers, who became surplus, the petitioner is one of them. Option was given to the officers rendered surplus for the aforesaid reason either to relinquish the Territorial Army Commissions voluntarily or to retire prematurely or to give a certificate of willingness for a change from Artillery to Infantry. By a communication dated 11-5-1976, the willingness of the petitioner was called for by the third respondent. The said communication reads as follows :"recommendation for appointment of the permanent staff of INF bns (TA) 1. TA-40650 Maj. V. M. Krishnan whose disembodiment orders from the appointment of OC, 5 Kerala Girls Bn NCC, Kozhikode have already been issued by us, fulfills the criteria for appointment aq 21c on the permanent staff of an Inf Bn (TA ). 2. Please, therefore, ascertain from him whether he is willing to be considered for being appointed as such anywhere in India. If so, his willingness certificate as well as 'no objection' certificate from his employers if applicable may please be obtained on the prescribed forms and forwarded to this Headquarters by 31 May 76. "the petitioner gave his willingness. Thereafter by an order dated 3rd august 1976, the petitioner was appointed as Second in Command on the permanent staff of 106 Infantry Battalion (TA), Bangalore. The relevant portion of the order reads are follows :"postingitransfersiappointments : TA OFFICERS 1. The following positing/transfers/appointments have been approved :_ (a) TA-40650 Major V. M. Krishnan, Arty (TA (A/o No. XXIII/222/101595), transferred to Inf (TA) on part-time TA engagement in 106 Inf Bn (TA) wef 07 Jun 76, on disembodiment from service under) TA Rule 33 in 5 Kerala Girb Bn NCC, Kozhicode and to be 21c oil the permanent staff on the same unit in the existing vacancy. * * * * * 2. The officers at (a) and (d) above will be instructed to assume the appointments immediately. The officers at (g), (h) and (j) will move without relief and will be instructed to report to their new appointments by 31 Aug 76 at the latest. The officers at (b), (c) and (e) will move on relief. The officer at (f) will move latest by 15 Aug 76 even without rtelief. 3. Annual or Interim Confidential Reports, if due, will be initiated on the officers as, per SAO 9/s/71". By virtue of the aforesaid order, the petitioner joined duty as Second in command of 106 Infantry Battalion (TA), Bangalore and was continuing in the said post. By an order dated 25-10-1977 Issued by the third respondent with the approval of the Central Government (1st respondent) premature retirement of the petitioner was ordered with effect from 31st march 1978. It is the raid order that is impugned in this writ petition,

( 3 ) THE case of the petitioner jp that in terms of the statutory provisions governing the tenure of his appointment, his tenure is three years from the date of appointment or till the completion of 50 years of age which is the age of retirement, whichever 'is earlier and, therefore, the impugned order brings about his premature retirement in contravention of the statutory provisions governing his tenure of office and as s

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