POKHAR MAL REGD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is a retired Subedar Major has approached this Court with the prayer that he may be granted honorary rank of Lieutenant w.e.f. 15/8/1994 and the honorary rank of Captain w.e.f. 26/1/1995 with all consequential benefits and payment of backwages for the aforesaid ranks which have been given to other Subedar Majors who were awarded these ranks from these dates.

(2.) The case of the petitioner is that he has served the Indian Army with distinction for 31 years. At the time of retirement the petitioner was Subedar Major and he was imminently eligible for the grant of honorary rank of Lieutenant on 15/8/1994 and the honorary rank of Captain on 26/1/1995.

(3.) As per sub-paras (b) & (c) of para 3 of Defence Head Quarters letter No. A/62204/AG/CW 2 dated 20/8/1982 following are the eligibility conditions for the grant of honorary commissions:-