Union Of India & Ors vs Brahma Dutt Tripathi

The Supreme Court upheld the decision of the Central Administrative Tribunal which set aside the Union of India's order declining to extend the service of Brahma Dutt Tripathi beyond the age of 45 years, as mandated by the National Cadet Corps Rules, 1948. The Court found that the executive order issued by the Government of India could not override the statutory provisions of the Rules, thus affirming the respondent's right to serve until the age of superannuation. The Court held that the denial of extension was violative of Articles 14, 16, and 311 of the Constitution, leading to the conclusion that the respondent was entitled to all consequential benefits.