IMPORTANT POINT
The Court emphasized the importance of following due process and considering service records in cases of compulsory retirement, and held that arbitrary issuance of such orders without compliance with relevant rules and principles of natural justice is impermissible.

JUDGMENT

1. These two writ petitions filed separately were taken up and heard together since the issues and questions involved are common, inasmuch as, it relates to similar and almost identical impugned orders wherein, the respondent taking recourse to the provision of Clause 56 (j) of the Fundamental Rules and Rule 48 (1) (b) of the Central Civil Services (Pension) Rules, 1972 had caused retirement of the petitioners herein on their completion of thirty years of qualifying service. Accordingly, it is deemed expedient and convenient for these matters to be taken up together and a common order to be passed thereto.

2. The petitioner in WP(C) No. 64 of 2015, Md. Munna was serving as Naib Subedar Clerk at Headquarter 5 Sector Assam Rifles at the relevant period when he was served with an order dated 18.02.2015 (Annexure-5) passed by the respondent No. 2 by virtue of exercise of power conferred by Clause 56 (j) of the Fundamental Rules and Rule 48 (1) (b) of the CCS (Pension) Rules, 1972, wherein he was given notice that on completion of thirty years of qualifying service for pension, he shall retire from service on the forenoon of 1st September, 2015.

3. Being aggrieved by the said order dated 18.02.2015, the petitioner has approached this Court with a prayer to set aside and quash the said order impugned.

4. Similarly, the petitioner in WP(C) No. 41 of 2016, Shri Radha Mohan Yadav also being aggrieved by an order dated 07.08.2015 (Annexure-VIII) passed by the Commandant, Assam Rifles who, taking recourse to the provision of Rule 48 (1) (b) of the CCS (Pension) Rules, 1972 had permitted the petitioner herein to retire from service with effect from the afternoon of 30.06.2016, had approached this Court with a prayer to set aside and quash the said impugned order.

5. In the case of Md. Munna, the respondents in their affidavit-in- opposition has averred that this petitioner was enrolled in Assam Rifles on 19.08.1985 as a Water Carrier. He was then given progressive promotion and was serving in the rank of Naib Subedar (Clerk) with effect from 10.01.2010.

6. It is also said that the terms and conditions of service as far as Assam Rifles is concerned is that an employee is entitled to serve till the age of superannuation i.e. 60 years which is subject to the said employee being found fit for grant of extension of service beyond thirty years of qualifying service or fifty-five years of age whichever is earlier.

7. The petitioner who will be completing thirty years of qualifying service on 19.08.2015, as per procedure, was sent up before the Service Review Board to ascertain his suitability for further retention in service. However, the petitioner was then placed in Low Medical Category E3 (Temporary) for disability 'PSEUDOPHAKIA (OU)' with effect from 06.06.2014. The Service Review Board recommended his retention beyond thirty years of qualifying service subject to his upgradation to Medical Category SHAPE-1 before completing thirty years of service. Two other further reviews were carried out in the case of the petitioner and the last Medical Review Board conducted on 15.05.2015 had also recommended him to continue in Low Medical Category and accordingly, having been found unfit by a duly constituted Service Review Board, his in-eligibility for retention in service was thus attributed to his being placed in Low Medical Category E2 (Permanent) for disability of 'PSEUDOPHAKIA (OU)'.

8. The medical category of the petitioner notes that he has moderate eyesight and corrected vision with conventional spectacles for Myopia or Manifest Hypermetropia which means that he cannot withstand rapid firing as well as reading official correspondence having light prints.

9. Mr. M. Chanda, learned counsel for the petitioner has submitted that the service review of JCOs for retention in service beyond 30 years of service or 55 years of age whichever is earlier relevant as on 27.05.2014 would show that the petitioner Md. Munna was placed in SHAPE-1 in the medica