HARI KUMAR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) CM No.3739/2012.

(2.) THE petitioner has sought the quashing of order dated 28th January, 2011 passed by the Principal Bench, Armed Forces Tribunal in O.A No.43/2011 titled as "Hari Kumar v. Union of India & Ors. and has also sought direction to the respondents to select the petitioner into the SCO's current running course or in the next batch. Relevant pleas and contentions raised by the petitioner in support of his petition are that petitioner joined the Indian Army as a Gunner (General Duty) in the corps of Artillery on 25th April, 1996. The petitioner contended that when he was enlisted in the Army, he was medically fit and was placed in the category of Shape I.

(3.) THE petitioner was further promoted to the post of Naik on 5th December, 2003 and thereafter to the rank of Lance Hawaldar on 1st December, 2009. The petitioner has contended that after his promotion to the rank of Hawaldar on 12th May, 2011, he is still serving on the same rank and post. According to the petitioner, during his entire service of 16 years in the Army he has remained in the medical category of Shape I. The petitioner further disclosed that though he had been placed in Shape I, however, since he was exposed to violent noises and heavy sounds of artillery guns, it may have caused hearing loss or impairment in the hearing of the petitioner. The petitioner asserted that despite the rigorous demands of service, he studied during night and obtained a degree of B.A (History) from the University of Calicut.