H C CHANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit for Declaration, Mandatory Injunction and Recovery of Damages against Union of India and Chief of Army Staff declaring the termination of the plaintiff as illegal and void with the direction to the defendants to reinstate the plaintiff in the service and compensation of Rs.10,25,000.00 towards damages, losses, mental agony, defamation and harassment.

(2.) The case of the plaintiff in brief as under:- The plaintiff joined the Army in the 'Ranks' on clerical post as 'Clerk' (General Duty) in March 1991. By way of quick promotions, he rose to the rank of 'Naik'. During this period, he qualified the written test and interview held at Bangalore and he was appointed as "Service Cadet" and sent for training to ACC Wing ( IMA Dehradun) in the year 1987. After completing the mandatory training of three and half years from the said institution, in December, 1990, he was sent for further training to Indian Military Academy Dehradun and successfully completed the said training and was appointed as Second Lieutenant in the Regular Army and commissioned by the President of India on 14.12.1991.

(3.) However, while in training at Dehradun, plaintiff was asked to give options of his service and also the same at SSB interview forms. He opted for 'Service' Cadre of the Army. After completing his required training, he was again asked to give an option and he opted for 'Services' cadre of the Army as he was above 30 years old and had no technical aptitude for artillery and related fields. However, instead of posting him to 'Service' branch of the Army, he was posted in the 'Fighting Arm' viz. Regiment of Artillery of the Army. with reluctance, the plaintiff joined the Artillery School Deolali on 6.1.1992 and subsequently protested to the concerned authority by representations dated 5.2.1992, 11.5.1992. Again vide letter dated 4.3.1993, he made a request for change of his cadre from Arms to Services. In the meantime, the plaintiff could not qualify a course called 'Young, Officers' course. His representation dated 4.3.1993 was favourably recommended by his Commanding Officer as well as by the Formation Commander vide recommendation letter dated 31.3.1993 for change from 'Arms' to 'Service' in respect of the plaintiff. The relevant extracts from the said letter are as under:-