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