G B SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 16.09.2008 which had endorsed the finding of the trial Judge dated 28.10.1995 whereby the suit filed by the plaintiff G.B. Sharma seeking declaration to the effect that he was entitled to the benefits for the post of a warrant officer which had accrued to him on the date of his promotion i.e. w.e.f. 16.06.1980 be granted to him had been dismissed.

(2.) THE case of the plaintiff is that he was working as a defence personnel in the Air Force in the Government of India; defendant No. 2 had without any reason, illegally withheld his promotion; he was a junior warrant officer; he had to be promoted w.e.f. 16.06.1980 as a warrant officer; his ACR for the year 1978-79 had to be considered but his ACR for the year 1978 had been sent back for reconsideration and was never before the competent authority at the time when he was considered for promotion; his promotion has been illegally and unjustifiably rejected.

(3.) THE trial Judge had returned the following finding:-