MOTI RAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was filed by the petitioner praying for a direction to the respondent to give national/proforma promotion to the petitioner at various ranks from time to time with all the consequential benefits.

(2.) The petitioner was enlisted as a Constable with 100 Bn. of Border Security Force on 1.11.1967. He was promoted to the rank of Lance Naik on 2.1.1975 and thereafter he was sent on deputation to the Ministry of External Affairs In July, 1976. He was on deputation till 30.12.1983. He was again sent on deputation on 1.3.1984 and continued to work as such till 25.3.1991.

(3.) On 26.3.1991 the petitioner was repatriated from the Ministry of External Affairs to Border Security Force and at the request of the petitioner he was granted earned leave for 30 days i.e. from 30.3.1991 to 28.4.1991. The petitioner however, rejoined his duties only on 16.3.1992 after overstaying for a period of 323 days. Therefore, the petitioner was summarily tried for the offence of "without sufficient cause overstaying leave granted to him" under section 19(b) of Border Security Act, 1968. After the conclusion of the trial the petitioner was awarded a punishment of "severe reprimand" and the absence period of 323 days was regularised by granting "dies non". The petitioner, thereafter served with the 47 Bn. BSF w.e.f. 16.3.1992 to 30.9.1994. The pay of the petitioner was fixed on repatriation and his name was also published to attend Pre-Promotion Cadre List 'B' test. However, since the petitioner could not pass the Map Reading Standard II test he was not allowed to attend 'the Pre-Promotion Cadre List *B' test which was held from 1.3.1994 to 11.10.1994. The petitioner was again given an opportunity to qualify in the Map Reading Standard II test in the month of February, 1993 so that he could become eligible to attend Pre-Promotion Cadre List 'B' test. The petitioner however, did not appear in the Map Reading Standard II test during his service in 47 Bn. BSF. The petitioner sought for voluntary retirement w.e.f. 1.10.1994 and tendered three months notice in that regard on 10.6.1994. The said application was accepted by the Commandant, 47 Bn. BSF and the petitioner proceeded on voluntary retirement on 30.9.1994.