UNION OF INDIA Vs. GURDEEP SINGH

JUDGEMENT

(1.) The respondent was working as general duty havaldar clerk in 109 GL Section, Type 'B". In 1988 he applied for Commission in the Special List in Quarter Master Cadre. The Officer Commanding of the unit recorded Part II order dated 8th May, 1987 which is to the following effect:- <FRM>JUDGEMENT_360_ILRDLH10_2002Html1.htm</FRM>

(2.) A similar Part II order for the period May 9, 1987 to May 20, 1988 was recorded on 20th May, 1988 by a different Commanding Officer. As a result of the recording of Part II orders, the respondent was recommended for undertaking an Orientation Course for JCOs/NCOs. Before the respondent, could join the Orientation Course, an order was passed by the Army Headquarters on 14th March, 1990 to the effect that he shall not report for Orientation Training till further orders. It appears that this order was passed on the basis that the respondent did not have the knowledge or experience in Quarter Master related appointment. The respondent, being aggrieved by the order, filed a writ petition in this court.

(3.) The learned single Judge found that the basis on which the order was passed was wholly untenable inasmuch as the respondent had the requisite experience in the post of Quarter Master. We find that two different officers had recorded Part II orders indicating that the respondent had satisfactorily carried out the duties of Quarter Master from 2nd May, 1985 to 20th May, 1988. As is apparent from the Part II orders, the respondent worked as Quarter Master Havaldar and was made incharge of General Store Clothing and Equipments/Ration Magazine/Ammunition during the aforesaid period.