JOGINDER SINGH GILL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is Ex-serviceman who retired from Army as Major. However, the grievance of the petitioner in this writ petition which was filed in May, 1983 just before his retirement is that Respondents 5 to 28 were wrongly given seniority above the petitioner and further that respondents 29 to 31 were promoted to the rank of Lt. Col. denying the same to the petitioner. He, accordingly, has claimed grant of seniority above these respondents as well as his promotion to the rank of Lt. Col. The controversy has the following factual background:

(2.) The petitioner joined Army as an "other rank" on 24.4.1950. He was granted Emergency Commission in 1962 as per Army Instruction 9/S of 1962 and thereafter underwent OTS Training for 6 months at Poona between April, 1963 to October, 1963. In 1965 Government of India had decided to grant Permanent Commission to Emergency Commissioned Officers vide A-1 13/Sof1965.Para-11 of this Army instruction dealt with the seniority which was to be granted to such officers on grant of Permanent Commission to them and laid down that for purposes of seniority "Officers would be granted ante date equivalent to the Full Pay Commissioned service as an Emergency Commissioned Officer less the period by which the training undergone by these officers before the grant of Emergency Commission falls short of 2 years". Petitioner was granted Permanent Commission on 1/5/1968 and as per Para-11 of Army Instruction 13/5/65 he was given seniority above respondents 5 to 31. On 15/3/1969 amendment to A1 13/5/65 was issued which was implemented retrospectively and because of this petitioner became junior to the respondents 5 to 31.

(3.) Thereafter Army Instruction 13/S/65 was again amended on 18/9/71 which had the same effect as amendment of 1969. But this amendment was kept in abeyance which decision was conveyed by Circular dated 2/8/1980. However, thereafter Army Head Quarter conveyed decision on 25/3/1982 on the question regarding seniority of Permanent Commissioned Officers and stated as under in Para-2 thereof: