ARUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, having joined the respondents Indo-Tibetan Border Police (ITBP) on 12th June, 2012 as a Sub-Inspector (SI) [General Duty (GD)], has filed this petition seeking mandamus to the respondents ITBP, to produce the annual dossier of the petitioner before this Court and to grant promotion to the next rank to the petitioner with all perks, privileges and seniority.

(2.) It is the case of the petitioner, (i) that though at the time of recruitment also he was medically examined and found to be in SHAPE I medical condition but on 20th July, 2014, his medical category was downgraded to S1H1A1P2 (Temporary-12) E1 and on 21st December, 2016, his medical category was declared as S1H1A1P2 (Permanent) E1, owing to stuttering and on account thereof the petitioner has been denied promotion; (ii) though the petitioner has represented on 11th December, 2018, 12th February, 2019, 22nd February, 2019, 15th June, 2019 and has also got served a legal notice dated 2nd January, 2020, again by way of representation, but no response has been received thereto.

(3.) Having not found the petitioner to have pleaded anything wrong in the denial of promotion to him, we have brought the same to the notice of the counsel for the petitioner and have enquired, that once the medical category of the petitioner is S1H1A1P2 (Permanent) E1 and which medical condition/ category also is not disputed in the petition, under which Rule is the petitioner claiming to be still entitled to promotion.