UNION OF INDIA AND ANOTHER versus LT. COL. KOMAL CHARAN AND ORS.

Citation: [1992] 3 S.C.R. 259 · Decided: 14-05-1992 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

""'r 
UNION OF INDIA AND ANOTHER 
A 
v. 
LT. COL. KOMAL CHARAN AND ORS. 
MAY 14, 1992 
(LAUT MOHAN SHARMA AND A.S. ANAND, JJ.J 
B 
;....~ 
National Cadet Corps Act, 1948: Sections 3, 9 and 13. National Cadet 
Corps Rules, 1948 Rule 16 Proviso (iii): 
National Cadet Cops-Officers appointed on whole time basis- c 
Whether Fundamental Rules governing civil servants applicable-Whether 
entitled to continue until age of fifty eight years or retire Wider the tenns and 
conditions of service. 
-i 
Fundamental Rules : 
D 
Frs 2, 3 and 56(a)-Whether applicable to N.C.C. whole time officers. 
Central Civil Services (Pension) Rule, 1972: 
N.C.C. Whole time officers-Age of retirement-Whether fifty-eight 
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years or tenns and conditions of their service. 
E 
The respondents in the appeal were serving in the Armed Forces 
from 1962-67. After the expiry of their tenure they applied for appointment 
under the scheme of re-employment of ex-servic;e office.·s in the National 
Cadet Corps and they were granted N.C.C. commission on whole time 
basis. The grant of permanent commission was on the terms and condi-
F 
r-l 
tions as laid down in the Government Order letter dated 23rd May, 1980, 
which fixed the age of retirement at fifty-five, and required the appointees 
to exercise their option to accept the same on the said terms and conditions 
if they so chose. The respondents exercised the option as indicated in the 
letter, and according]y they were granted the permanent commission. 
G 
When the dates of their retirement were drawing close .the respon-
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dents filed applications before the Central Administrative Tribunal, and 
contended that they were entitled to continue in service until they attained 
the age of fifty-eight years as per the Civil Service and1Fundamental Rules. 
The Tribunal aggreeing with the respondents held they were entitled to H 
259 
260 
SUPREME COURT REPORTS 
[i992] 3 S.C.R. 
A continue in service until they at~ined the age of fiftyoeight years and that 
the service conditions as contained in, the letter dated 23rd May, 1980 to 
the contrary were not legally valid. 
The Union of India appealed to this Court and contended that the 
whole time officers of the N.C.C. are appointed in accordance with the 
B provisions of the National Cadet Crops Act and Rules made f,hereunder, 
and that the Fundamental Rules ·are not applicable to them at all. On 
behalf of the respondents it was contended that since the res.,ondents are 
not governed by the Army or Marine Regulations their conditions of 
service must be held to governed by the Fundamental Rules, that the pay 
C and allowances of the N.C.C. whole time officers are not paid from Civil 
Estimates but from Defence Service Estimates and relying upon paragraph 
8 of the terms and conditions, which stated that the officers will be 
governed by Central Civil Services (Pension) Rules, 1972, submitted that 
the respondents should be treated to be governed by the Civil Services 
D Rules prescribing fifty-eight years as the age of retirement. 
Allowing the appeals and setting aside the judgment" of the Central 
Administrative Tribunal, this Court, 
HELD : 1. The National Cadet Crops has been established under 
-r 
E Section 3 of the National Cadet Corps Act, 1948. Section 9 authorised the 
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Central Government to provide for appointment of officers, while Section 
13 emp~wered the Central Government to make rules to carry out the 
object of the Act, and the National Cadet Crops Rules, 1948 were accod-
ingly framed. (264 FJ · 
F 
2. The Central Government has full authority to appoint persons on 
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such terms and conditions. The question of the grant of permanent com-
~-
mission to N.CC. officers emplored on whole time basis was considered 
in all relevant aspects and a decision was taken as mentioned in the 
Government's letter dated 23rd May, 1980. It was considered desirable that 
before a person was granted N.C.C. permanent commis.sion an on oppor-
G tuoity should be given to him to consider the terms and conditions of the 
appointment and then indicate his choice by exercising his option in the 
form prescribed. The relevant order in clear terms lays down the age of 
superannuation at fifty-five years with a further provision of extension of 
the age to ,fifty-seven years. The respondents in the instant case, exercised 
H their option and were accordingly granted whole time N.C.C. commission. 
U.0.1. v. LT. COL KOMAL CHARAN fSHARMA, J.) 
261 
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They cannot now repud
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