When the dates of their retirement were companying close the respondents filed the original applications before the Central Administrative Tribunal out of which these appeals have arisen.
From the Judgment and Order dated 12.4.1991 of the Central Administrative Tribunal in O.A. Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Gobind Mukhoty, V.J. Francis and V. Subramanian for the Respondents.
2449 and 50 of 1992.
Solicitor General, P. Parmeshwaran, Ms. Sushma Suri and Ms. Kitty Kumarmanglam for the Appellants.
Accordingly they were granted the permanent companymission after they exercised the option as indicated in the letter.
The respondents were earlier serving in the Armed Forces from 1962 67.
Altaf Ahmed, Addl.
After the expiry of their tenure they applied for appointment under the scheme of re employment of ex service officers in the National Cadet Corps and they were granted N.C.C. companymissions on wholetime basis.
The Judgment of the Court was delivered by SHARMA, J. The questions which fall for decision in these cases are as to whether the officers appointed on whole time basis in the National Cadet Crops are governed by the Fundamental Rules applicable to the civil servants sreving the Union of India and accordingly entitled to companytinue in service until the age of fifty eight years or they retire under the terms and companyditions of their service as companytained in the Government order being letter dated 23.05.1980.
The Central Administrative Tribunal, New Delhi, by the impugned judgment, has agreed with the respondents that they will remain in service till they attain the age of fifty eight years in view of the provisions in Fundamental Rule 56 a .
The grant of permanent companymission was on the terms and companyditions as laid down in the aforesaid letter dated 23.05.1980 which had inter alia fixed the age of retirement at fifty five, and it required the appointees to exercise their options to accept the same on the aforesaid terms and companyditions if they so chose.
1513/90 and 1537 of 1990.
Special leave is granted.
