ROBINSONS S Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition by a person serving in the Indian Army, who was promoted to the post of Havaldar from 1st January 2001 onwards. The petitioner is aspiring to be promoted to the post of Naib Subedar, the next promotional post. The requirement of havaldar to become eligible to be promoted as Naib Subedar is that he must have earned a minimum of five favourable annual confidential reports with two regiment reports indicating grading him 'outstanding' and three more reports grading him in general as above average,

(2.) Unfortunately for the petitioner, the reports were lacking for consideration of his case for promotion, in the sense there was only one regimental report and the petitioner could not be considered for promotion.

(3.) The peculiar situation that revails in the Indian Army is that a person will be eligible for being considered to the post of Naib Subedaronly if he is within the age of 44 years and should have earned the necessary number of reports.