UNION OF INDIA vs LT.COL.(RETD.) KOMAL CHARAN

The Supreme Court held that the National Cadet Corps Act, 1948, specifically Sections 3, 9, and 13, governs the appointment and service conditions of whole-time officers. The Court found that the Fundamental Rules do not apply to these officers, and thus, the age of retirement is determined by the terms of their appointment rather than the Civil Services Rules. The judgment of the Central Administrative Tribunal was set aside, affirming that the respondents were not entitled to continue in service until the age of fifty-eight years as claimed.