UNION OF INDIA 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 respondent's appointment was governed by these statutory rules and that the executive order issued by the Government was inconsistent with the Rules, thus violating Articles 14, 16, and 311 of the Constitution. The Court held that the Union of India was obligated to allow the respondent to serve until the age of 45, granting him all consequential benefits.