( 1 ) WHETHER increasing the age of retirement from 58 years to 60 years in the case of other officers whereas increasing the same to 59 years in the case of Brigadiers, is unconstitutional or not, is the question involved in these writ petitions.

( 2 ) THE fact of the matter, however, is being noticed from CW 2559/2000 Brig. K. S. Rao s case.

( 3 ) THE petitioner is working in the defence forces. The government of India vide Office Memorandum dated 13lh May 1998 issued decision of the Union of India to implement the recommendations made by the Fifth Central Pay Commission vide letter No. 25012/n/97- estt (A) of Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training) which made recommendations that the Central Pay Commission was constituted for revising the pay scale of the Central Government employees including the defence officers. Consequent upon acceptance of the recommendations made by the said commission, the Central Government issued a notification on 30th May 1998 and thereby Fundamental Rules were amended. Rule 56 of the fundamental Rules, 1963 was amended to the effect that every government servant shall retire from services