H.K.K. Singh, J.

1. The petitioner while serving as Havildar at 1st Bn. Manipur Rifles was allowed to go on voluntary retirement with effect from 30.11.2001 (A/N) and his name was to be strucked off the strength from 1.12.2001 under order dated 21.11.2001 (Annexure-A/9). In this writ petition, the petitioner has challenged this order dated 21.11.2001.

2. Mr. T. Nandakumar Singh has submitted various points of law relating to recruitment, retirement, pension, etc., applicable to the members of Manipur Police serving in the State of Manipur which includes Riflemen serving under various Battalions of Manipur Rifles. Mr. Jallal, learned Govt., Advocate also referred to various provisions of law in this regard.

3. Bereft of the details, facts necessary for the purpose of determination of the case are that the petitioner joined service as a Rifleman on 19.4.1969 and he got promotions to higher grades in due course. Ultimately, he was promoted to the rank of Havildar on 28.10.1998. While serving as Havildar in 1st Bn. Manipur Rifles at Imphal under order dated 17.9.2001, he was transferred to 15th Bn. Manipur Rifles at Tamenglong (which lies in a hill district). Thereafter, the petitioner under letter dated 22.9.2001 requested for allowing him to go on voluntary retirement on family problems with effect from 31.12.2001. Thereafter, on 24.11.2001, the petitioner made a representation requesting the Authority to revoke his transfer order so that he might remain posted at Imphal. Thereafter, on 21.11.2001 the impugned order of voluntary retirement (Annexure-A/9) was issued. The same is reproduced below for ready reference :

"Government of Manipur

Office of the Commandant: 1st Bn. Manipur

Rifles, Imphal,

Orders by the Commandant

Imphal, the 21st November, 2001.

No. VP/68/2001-1MR/: Under C.C.S. (Pension) Rules, 1972 as amended from time to time the application submitted by Shri K. Ibopishak Singh, Hav, No. 13182 of MT-Coy, 1st Bn. Manipur Rifles, Imphal regarding retirement is hereby accepted and he is allowed to retire from service on Voluntary Retirement with effect from 30.11.2001 (AN) and his name is struck off strength from 1.1.2001.

Sd/-

Commandant,

1st Bn. Manipur Rifles, Imphal."

4. At the Bar, the learned counsel on both sides have submitted that though the Indian Police Act, 1861 has been in force since a long time back, only in the year 1974 under order dated 6.9.1974 (Annexure-A/1) Rules laid down in Assam Police Manual, Parts I to V were adopted as Rules by the State Government for the application to the Manipur Police Personnel. The aforesaid order dated 6.9.1974 (Annexure-A/1) is also reproduced below :

"Manipur Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

(NO. 134 Imphal, Saturday, 7th September, 1974 (Bhadra 16,1896)

GOVERNMENT OF MANIPUR

SECRETARIAT : HOME DEPARTMENT

ORDERS BY THE OVER NOR OF MANIPUR

Imphal, the 6th September, 1974

No. 7/41/73-POL.I. - In exercise of the powers conferred by Section 7 read with Section 46 of the police Act, 1861 (V of 1861), the Governor of Manipur is pleased to order that the rules laid down in the Assam Police Manual Parts I to V shall be deemed to be the rules framed by the State Government of Manipur for application in the Manipur Police Force, with such alterations and modifications, not affecting the substance, as may be necessary having regard to the existing Administrative set-up in the State.

2. Further, the Governor of Manipur is pleased to order that for the aforesaid purposed, the Manipur Rifles shall be deemed to be a part of the Manipur Police Force.

3. This order will take effect immediately.

By order and in the name of the Governor,

A. DWI JAMANI SINGH

Under Secretary to the Government of Manipur."

5. The learned counsel on both sides, at the bar, have also submitted that certain other Rules of the Central Government employees including the Fundamental Rules and Supplementary Rules, Civil Services (Classification and Control) Rules, 1965, are also followed and applied to the employees of th