U.B. Saha, J.

1. The instant writ petition is filed by the Petitioner who joined in the post of Naik Operator in Tripura State Rifles after completion of his service in the Indian Army for a period of 17 years 33 days on the aid of offer of letter granting reemployment in favour of the Petitioner dated 23.08.2001 (Annexure-P5 to the writ petition) for quashing the letter dated 27.11.2010 (Annexure-P7 to the writ petition) issued by the Deputy Secretary to the government of Tripura (Respondent No. 3 herein) to the Director General of Police (Respondent No. 2 herein) stating inter alia, that the notification regarding enhancement of the age of superannuation of the TSR personnel shall come into force from 20.10.2010 and the benefit be extended only to those TSR personnel who are on regular service on the date of effect of the said notification and the order dated 30.11.2010 issued by the Commandant (Respondent No. 4 herein) (Annexure-P9 to the writ petition) wherein the Petitioner was released from service after completion of his extension in service as granted to him for the period of three months and also struck off his name from the strength of 8th Bn TSR where he had joined as Naik.

2. Heard Mr. Somik Deb, learned Counsel for the Petitioner as well as Mr. DP Kundu, learned Advocate General assisted by Ms. AS Lodh, learned Addl. GA and Ms. R Guha, learned state counsel for the State Respondents.

3. Pleaded case needed to be discussed for disposal of the instant writ petition is as follows:

Admittedly, the Petitioner was appointed in the post of Naik Operator in the Tripura State Rifles after rendering service in the Indian Army on 23.04.2001 and thereafter he continued in service till his date of superannuation as prescribed in the provisions of Rule 27 of the Tripura State Rifles (Discipline, Control, Service Conditions etc.) Rules, 1986 (for short, 'Rules') i.e. up to 04.08.2010 till the completion of 50 years. Before attaining the age of superannuation, the Petitioner on 02.03.2010 made an application (Annexure-P4 to the writ petition) to the DIGP, AP (ADM & TRG) for extension of one year reemployment of service to become eligible for pension on reemployment in TSR.

4. Upon receipt of the aforesaid representation dated 02.03.2010, Respondent No. 2, Director General of Police, extended his service beyond the age of superannuation in TSR for three months i.e. from 01.09.2010 to 30.11.2010. Before completion of three months service of the Petitioner on extension beyond the age of superannuation the State Respondents in exercise of its rule making power under Section 22 of the TSR Act, 1983 (for short, 'Act, 1983'). The State Respondents amended the provisions of Rule 27 of the Rules by way of substituting the word 52' in place of 50' years as age of superannuation.

5. As in the said notification, from which date the amendment would come in to force was not mentioned, Respondent No. 3, Deputy Secretary, Home Department, Govt. of Tripura vide letter dated 27.11.2010 informed Respondent No. 2, Director General of Police, that the said notification regarding enhancement of age of superannuation would come into force on and from 20th October, 2010 and the benefit of the same would be extended to those TSR personnel who are on regular service on the date of effect of the said notification.

6. Petitioner vide representation dated 12.11.2010 (Annexure-P8 to the writ petition) requested the Respondent No. 2 for extending his service w.e.f. 01.12.2010 to 31.05.2011 so that he can get the pensionary benefits. On 30.11.2010 his prayer for further extension was rejected and he was released from government service w.e.f. 30.11.2011 by way of striking off his name from the strength of 8th Bn TSR.

Hence, the writ petition.

7. The State Respondents by way of filing counter affidavit stated inter alia, that admittedly when the Petitioner was on re-employment the superannuation age of Naik in TSR was enhanced by two years then the prescribed age of