DHARAM PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants joined Indian Army in the year 1963. In 1967, he joined Defence Security Corps. He was promoted to the rank of Havaldar on 1st July, 1981. The appellant was given extension as Havaldar, the last extension being up to 31st May, 1988. He became entitled to be considered for promotion to the rank of Junior Commissioned Officer (JCO) having passed JCO promotion cadre on 4th December, 1985 and was considered for promotion to the said post in the years 1986 and 1987. In those selections, on the basis of his Annual Confidential Reports, he was not found fit for promotion. On 27th January, 1987, the appellant gave an unwillingness certificate for extension of service as Havaldar w.e.f. 31st May, 1988.

(3.) The appellant was admittedly considered by screeening board for promotion to the rank of Naib Subedar (JCO) on 12th April, 1988 wherein he was found fit for promotion as he had earned one more 'above average report' during the year 1987. According to respondents as Havaldar had to earn two 'above average reports' out of three for promotion to the rank of Naib Subedar. The appellant was not informed that he had been found fit for promotion in the screening board as above noticed. On the contrary, in response to his telegram dated 20th April, 1988 sent expressing willingness to serve beyond 31st May, 1988 in case he was promoted as JCO, he was informed by the respondents on 24th April, 1988 that since he had already been proceeded on discharge from service on completion of terms of engagement the question of granting any further promotion to him does not arise. He was not even at this stage informed of having been selected for promotion as Naib Subedar. The result was that the appellant retired from service as Havaldar on 31st May, 1988.