( 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 communicatio

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