OM PRAKASH Vs. CHIEF OF THE ARMY STAFF

JUDGEMENT

(1.) Petitioner, a Battery Havaldar Major (B.H.M) complains of his supersession and wants promotion to the rank of Naib Subedar. All he says is that he was not considered for promotion though his three juniors were promoted from time to time resulting in infringement of his rights under Articles 14 and 16 of the Constitution.

(2.) Respondents claim that he was considered for promotion from 1985 to 1989 but he could not be promoted because he failed to satisfy the eligibility criteria for such promotion. It is explained by them that promotion to the post of Naib Subedar was being made on the basis of seniority~cum-merit and the grading criteria of ACRs and availability of vacancies. The grading criteria had been promulgated in the Artillery Records instructions para 575 (b) and was duly approved by the Army Headquarters. Under this petitioner was required to possess three "above average' gradings out of the five last reports. But he had never obtained "above average" grading. On the contrary, three others, even though junior to him, were promoted because they satisfied the eligibility criteria.

(3.) Petitioner has also filed a rejoinder raising certain questions which are of little relevance. But substantively he submits that once a report had operated adverse to his interests, it was required to be communicated to him. In other words, he submits that if petitioner had not obtained 'above average' grading, it should have been communicated to him to provide him a chance of improving his performance to claim promotion.