The main legal point established in the judgment is that the Border Security Force, as part of the Armed Forces, is not governed by civil service regulations and is subject to its own rules and regulations, including the age of superannuation prescribed in Rule 9.

1. We have heard Mr. R.S. Thakur, learned counsel for the appellant and Mr. S.S. Nanda, Advocate for the respondent in extenso.

2. This appeal has been preferred against the judgement and order dated 28.9.2001 passed by the learned Single Judge in SWP No. 2174/2001, dismissing the writ petition.

3. Setting in the facts of the case in resume are that appellant/writ-petitioner joined as Deputy Superintendent of Police, later designated as Assistant Commandant in the Border Security Force, pursuant to his selection on the basis of a Combined test held of the said post in various Organisations of Armed Forces including Central Industrial Security Force. Appellant at the relevant time was holding the post of Commandant. It was for the first time in 1978 by a Notification issued by the Ministry of Home Ministry of Home affairs, G.S.R. 1462 dated 9.12.1978, Border Security Force (Seniority, Promotion and Superannuation Officers) Rules, 1978 were promulgated. Since point in issue between the parties relates to the age of retirement of a Commandant in the Border Security Force, it is relevant to notice Rule 9 of the said Rules and reads as under:

"9. SUPERANNUATION

Retirement age for officers holding ranks higher than that of a Commandant shall be fifty-eight years, and for officers of the other ranks it shall be fifty-five years:

Providing that the Central Government and for reasons to be recorded in writing extend the retirement age of--

(a) An officer of the rank higher than of Commandant for a period of one year at a time, but not in any case beyond the age of sixty years.

(b) Officers of the other ranks for a period of one year at a time but not in any case beyond the age of fifty eight years."

4. By another Notification of the Ministry of Home Affairs, G.S.R. 273 (E), dated 27.5.1998, purportingly issued in exercise of the powers conferred by sub-section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of the officers holding a rank higher than that of Commandant as `sixty years, and of the officers of others ranks as `fifty seven years by the afore-said Notification, the retirement age of the Commandant and the other ranks below him was fixed at `fifty seven years instead of `sixty years, as in the case of Chief Law Officer and the Law Officers of the Border Security Force, vide Notification No. G.S.R 274 (E) dated 27.5.1998 as also in the case of Medical Officers cadre by the Notification of Ministry of Home Affairs G.S.R. 275 (E) dated 27.5.1998, by amendment of the Rules of 1968 in exercise of the power conferred by Clause (b) and (c) of sub-section (2) of section 141 of Border Security Force Act, 1978.

5. Appellant also claimed that his age of superannuation should have been 60 years instead of 57 years as in the case of other central civil servants, looking after the affairs of Union of India. It is further claimed by the appellant that Assistant Commandant in the Border Security Force has been classified into General Central Service, Group-`A (Gazetted) and that means the officers higher-up in the hierarchy including Commandant, fall into that classification and are thus officers of the General Central Service Group A (Gazetted), Non-Ministerial and referred to the extract of the Border Security Force (Assistant Commandants Recruitment) Rules, 1985 Schedule Rule 3 & 4. It is also contended by the appellant that the Border Security Force has been declared by law to be General Central Civil Service, and the members of the Force are governed in all service matters including remunerations, advances, gratuity, medical reimbursement, voluntary retirement, leave, leave travel concession, retirement benefits etc., by the civil Service Rules and Regulations and Fundamental Rules, Supplementary Rules, Central Civil Services (Classification Control and Appeal) Rules etc. apply to them. Rule 7 of Central Civil Services (Classification, C