RATTAN SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) WP(C) No.1857/1997 filed by the writ petitioner was allowed vide order dated May 29, 2001 holding that un-communicated adverse entries in the Annual Confidential Record which had adversely affected petitioner's right to be promoted from the rank of Havaldar to Naib Subedar had to be ignored. The writ petitioner was held entitled to be considered as per Review DPC for promotion to the post of Naib Subedar.

(2.) By the time the decision was rendered, the petitioner had already retired on October 31, 1996 and thus while giving effect to the recommendations of the Review DPC, the petitioner was promoted with effect from January 01, 1996 i.e. the date when persons junior to him were promoted.

(3.) The petitioner had two claims. Firstly that, if promoted as a Naib Subedar he would have been entitled to serve for another two years and thus he claimed salary for two more years as Naib Subedar and also claimed a right to be further promoted as Subedar and Subedar Major. These reliefs not being granted to him by the Army Authorities, he filed another writ petition claiming relief as aforesaid, which on transfer to the Armed Forces Tribunal got registered as TA No.437/2010 and has been disposed of vide impugned order dated March 23, 2010.