NAIB SUBEDAR KATAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the summary rejection of the appellant's Writ Petition No. 579 of 1988 by a Division Bench of the High Court of Delhi. The facts leading to this appeal briefly stated are that the appellant who joined the Army in 1957, rose to the rank of Naib Subedar by 1975. The next promotional post in the hierarchy was that of Risaldar/ Subedar. The appellant's contention is that on July 30, 1979, the Screening Board met and selected candidates considered fit for promotion to the next higher post. Pursuant to the said selection five Junior Commissioned Officers who were junior to the appellant were promoted to the next higher post on December 30, 1979. The case of the appellant is that even though he fulfilled the criteria laid down for promotion he was wrongly denied promotion to the next higher post. In order to appreciate this contention it is necessary to set out the relevant criteria for promotion. The same read as under:

(2.) The other grievance made by counsel for the appellant relates to the medical fitness of the appellant. It was found that the appellant at the relevant time was placed in medical category 'C'. Insofar as this grievance is concerned it was sought to be put at rest by this Court's interim order dated December 11, 1981 which reads as under:

(3.) These were the only two submissions made on behalf of the appellant against the impugned order. As we do not see any merit in both the contentions we dismiss this appeal but in the circumstances of the case make no order as to costs.