The court emphasized that compulsory retirement must be based on a bonafide opinion formed by the competent authority in public interest and that administrative instructions cannot override statutory provisions.

Tinlianthang Vaiphei, J.

1. This bunch of writ appeals is directed against the judgment and five separate judgments and orders dated 22.2.2006 passed by the learned Single Judge in WP(C) Nos. 89(SH) of 2000, 8(SH) of 2001, 100(SH) of 2001, 163(SH) of 2001 and 212(SH) of 2002 cancelling the orders of the respondents compulsorily retiring the writ petitioners from service. The appeals, involving identical questions of law, were heard together and are being disposed of by this common judgment.

2. In all these appeals, the validity of the notices issued by the Director General of Assam Rifles, in exercise of the powers conferred by Rule 56 of Fundamental Rules/Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972, compulsorily retiring each of the respondents, who were Subedar Major, from service. For the sake of convenience, we shall first set out the facts in WA No. 8 of 2006, decide this case and apply the result thereto in the remaining cases. The facts of this case, bereft of unnecessary details, but are relevant for the appeal, may be set out as under:

The writ petitioner (hereinafter referred to as "the respondent") was enrolled in the Assam Rifles on 19.01.1960 and was formally appointed as Rifleman on 20.12.1960 and was subsequently promoted to Subedar, upon which he was posted to the Raj Bhavari as Honorary ADC to the Governor of Meghalaya with effect from 7.5.1987. He was further promoted to Subedar Major on 1.10.1992. His date of birth is 19.1.1942. When he was serving as Subedar Major, the Assam Rifles issued the impugned notice dated 10.11.1995 retiring him from service with effect from 30.9.1996 on completion of 36 years and 8 months of service and after completing a tenure of 4 years as Subedar Major. It is not in dispute that his service record had been placed before the Review Committee on his completion of 30 years of service and on the basis of the recommendation of the Committee, the Director General of Assam Rifles had approved his retention in service beyond 30 years. However, before he reached the normal age of superannuation he was served with a notice informing him that he shall retire from service on the afternoon of 30.09.1996 on completion of four years tenure as Subedar Major. The said notice which is impugned herein reads as follows:

Directorate General of Assam Rifles : Shillong

1.31019/SM/95/Addl. District Magistrate-III/82

Dated, Shillong, the 10th Nov 1995

Whereas the Director General of Assam Rifles is of the opinion that it is in public interest to do so.

Now, therefore, in exercise of the powers conferred by Rule 56 of FR Rule 48(1)(b) of CCS (Pension) Rules, 1972, the Director General of Assam Rifles hereby gives notice to JC-2400013 Sub/Maj Bir Bahadur Kanwar Chhetri that he having completed 36 years 8 months service on 30.9.96 and on completion of 4 years tenure as Sub Major shall retire from service on the afternoon of 30.9.96.

(K. Soman Pillai)

Lt. Col.

Offg DD (Records)

For DG Assam Rifles.

3. It may be noted that on the recommendation of the Fifth Pay Commission, which was accepted and acted upon by the Central Government, the Directorate of Assam Rifles vide the communication dated 28.7.99 issued the order enhancing the age of retirement of Assam Rifles JCO to 60 years including Subedar Major against the existing retirement age of 57 years with 4/6 years of tenure as Sub Major. The aforesaid communication also clarified that all instructions issued heretofore on the subject were to be treated as cancelled. However, the appellant authorities by the communication dated 24.3.2000 clarified that the Subedars promoted to Sub Major prior to 31.5.1998 would retire on completion of a tenure of 6 years as Sub Major or on attaining the age of 60 years, whichever was earlier, but Subedar promoted to Subedar major on 1.6:98 and thereafter would retire on completion of 4 years of tenure as Subedar Major or on attaining the age of 60 years, whichever was earlier". As noted earlier, the impugn