Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenure post - Fixed tenure - As provided in Order No. 10(14)06/D(Med) dated 2()1h April 2007 - Applicable to AFMS officers of the rank of Lt. General and its equivalent 0 as well as to Director General Armed Force Medical Services - Constitutional validity of-Armed Forces Tribunal held that prescription of fixed tenure by the order dated 20.4.2007 was ultra vires the Constitution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Tenure post - Fixed tenure - As provided in OrderNo. 10(14)06/D(Med) dated 20th April, 2007 - Applicable toAFMS officers of the rank of Lt. General and its equivalent as well as to Director General Armed Force Medical Services- Constitutional validity of-Armed Forces Tribunal held thatprescription of fixed tenure by the order dated 20.4.2007 wasultra vires the Constitution - On appeal, held: The courts should exercise restraint in interfering with prescription ofretirement age in public service unless such prescription isarbitrary and irrational - The tenure rule was made subjectto the conditions that (i) the officer if completes the tenurebefore he touches 60 years of age, he can continue beyond the tenure till he completes the age of 60 years, (ii) the officermust demit office at the age of 61 regardless whether he hascompleted his two years tenure - There is nothing wrong instipulating a tenure conditionally- Such tenure rule is beingapplied on uniform basis in all cases without exception - Just because some officers are allowed in certain situations upto61 years does not bring about any discrimination betweensuch officers and those officers who completed their tenurebefore attaining the age of 60 years- Tribunal was in error ininterfering with the provisions made by the Government,prescribing the age of retirement. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 1006 |
Petitioner | Union Of India & Ors. |
Respondent | A.k. Behl, A |
SCR | [2015] 8 S.C.R. 396 |
Judgement Date | 2015-07-24 |
Case Number | 9382-83 |
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