SUB MUKHTAR AHMED ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the respondents has handed over a copy of the letter dated 31st December, 1987 to us in support of his contention that the petitioner cannot be permitted to proceed for UN mission to Sudan as he is not covered under the policy dated 30th August, 2012.

(2.) THE petitioner was enrolled in the Army as a Soldier in the Regiment of Rajputana Rifles on the 14th of November, 1984. On 25th of November, 1988, the petitioner was posted to the Headquarter, Indian Military Training Team (,,IMTRAT hereafter) Bhutan. According to the petitioner this posting was effected following a selection process and he was selected along with two other individuals of his unit. The petitioner has claimed that he was posted as an administrative staff on the IMTRAT and thereafter served in various positions.

(3.) THE petitioner has contended that the respondents have erred in the decision they have taken on account of misreading of the policy for selection of Persons Below Officer Rank (PBOR) for UN Mission dated 30th August, 2010. It is urged that as per para 4 (b) of the policy, personnel who have done a tenure in staff instructional capacity overseas based on individual merit would be considered eligible for second tenure overseas and no ban will be applicable in respect of these personnel provided he has served at least five years in the Battalion. The petitioner contends that he was posted as an administrative staff during the posting in Bhutan which has been informed by his unit in the comments dated 16 th April, 2013 as well as Rajputana Rifles records in the communication dated 1st May, 2013.