UNION OF INDIA & ANR. versus R.C. DSOUZA

Citation: [1987] 2 S.C.R. 382 · Decided: 20-02-1987 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
UNION OF INDIA &ANR. 
v. 
R.C.D.' SOUZA 
FEBRUARY 20, 1987 
B 
[R.S. PATHAK CJ. & RANGANATH MISRA, J.] 
Central Reserve Police Act 1949/Central Reserve Police Force 
Rules 1955-Rules 105 (3-A) and 107-Retired Army Officer-Recrui-
ted as Assistant Commandant-Later promoted as Commandant on 
temporary basis-Whether entitled to absorption on permanent basis-
C Section 107(2) as amended-Effect of. 
The respondent had been recruited as Assistant Commandant in 
the C.R.P.F. under Rule 105(3-A) of the Central Reserve Police Force 
Rules, 1955 on the footing that he was a retired Army Officer. He was 
promoted on temporary basis as Commandant on the basis of selection. 
D His promotional appointment as Commandant was extended from time 
to time. On being informed by the Authorities that he was not entitled 
for absorption in the Force in view of Rule 107(2) of the Rules, he made 
a representation to the President. The said representation having been 
rejected by the President, he filed a writ petition in the High Court for a 
direction for his absorption in the Force. A Single Judge of the High 
E Court allowed the writ petition. The Division Bench also upheld the 
decision of the Single Judge. Hence this appeal by special leave. 
During the pendency of the appeal, sub-rule 2 of Rule 107 was 
substituted with effect from 20th September 1985. It provides that any 
officer re-employed after he has retired from Army prior to the attain-
F ment of the age of superannuation in the civil post, will, if appointed to 
civil post be treated as direct recruit and his seniority in the grade 
fixed accordingly. 
Allowing the appeal by the appellant in part. 
HELD: (1) Sub-rule(2) of Rule 107 of the Rules as amended in 
\ ... 
I 
-I 
• 
+--
+ ' 
G terms applies to the respondent. He is entitled to absorption in the cadre 
with effect from the date the amended rule came in force and he is, 
therefore, to be confirmed in the post of Commandant and absorbed in 
the appropriate cadre from that date. He would, however, be entitled to 
-t---. 
credit of continuous service for the entire period of service as Assis-
tant Commandant and Commandant for the limited purpose of 
H pension. [3868-C; F] 
382 
I 
; i 
-) 
U.0.1. v. R.C.D.' SOUZA 
383 
(2) Rule 107(2) made under the Central Reserve Police Act, 1949 
prior to the amendment of 1985 clearly provided that the service shall 
be temporary and rules and orders applicable to Central Government 
employees in temporary service would apply. The scheme of the rule is 
indicative of the position that in regard to officers recruited under Rule 
105(3-A), benefit of absorption was not admissible. Absorption on per-
manent basis would run counter to the scheme of the rules. ·Therefore, 
the direction of the High Court to absorb the respondent from the date 
of his appointment stands set aside. [385E-H) 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 145 
of 1979. 
From the Judgment and Order dated 19.7.78 of the Andhra 
Pradesh High Court in Writ Petition Appeal No. 137/1978. 
A. Sobba Rao, P. Parmeshwaran and Ms. S. Relan for the 
Appellants. 
K. Ram Kumar for the Respondent. 
The Judgment of the Court was delivered by 
RANGANATH MISRA, J. This appeal by special leave is against 
A 
B 
c 
D 
the judgment of the Andhra Pradesh High Court in a writ appeal 
E 
agrising out of the judgment of a learned Single Judge in an applica-
tion under Article 226 of the Constitution. 
The respondent on taking premature retirement on compassion-
ate ground from the Indian Army at the age of 33, was offered 
appointment as Assistant Commandant in the Central Reserve Police 
F 
Force (CRPF for short) and was given appointment initially for a 
period of three years. Early in 1970 he was promoted on temporary 
basis as Commandant on the basis of selection. In October 1970, the 
President sanctioned his continued re-employment for one year as 
Commandant. The respondent was asked to opt for absorption. In the 
meantime, his promotional appointment as Commandant was exten-
G 
ded from time to time. In June 1976, he was informed by the Director 
General of the C.R.P.F. that in view of the Rule 107 of the Central 
Reserve Police Force Rules, 1955, he was not entitled for absorption 
. in the Force. A representation of the respondent was rejected by the 
President. Thereupon, he applied to the Andhra Pradesh High Court 
under Article 226 of the Constitution for a direction for his absorption 
H 
384 
SUPREME COURT REPORTS 

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