I.A. Ansari, J.

1. The petitioner has been serving in Assam Rifles, a paramilitary force of the Government of India, since 26.11.1970, the petitioner having joined the said force as a Rifleman (Nursing Assistant). In the year 1982, the petitioner was promoted to the post of Havildar (Pharmacist) and, thereafter he received his further promotion as Naib Subedar (Pharmacist) and on 5.10.1999, he was upgraded as Subedar Major (Pharmacist), The petitioner maintained an unblemished service record to the best satisfaction of his superiors. Pursuant to the recommendations of the 5th Central Pay Commission, the Government of India, Ministry of Home Affairs, issued Office Memorandum, dated 14.5.1998 (Annexure 1 to the writ petition) raising the age of retirement from 58 years to 60 years with direction to amend the respective Acts and Rules and acting upon the said office Memorandum, Instruction No. 4/99 was issued by the Assam Rifles authority prescribing the superannuation age of all trades of Assam Rifles personnel including JCOs/Subedar (Majors) as 60 years. As per the Instruction No. 4/99 aforementioned, there will be for the JCOs of Assam Rifles, who are willing to serve upto t