RFN SAGIR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE factual matrix given rise to the present petition is largely undisputed and to the extent necessary is noticed hereafter. The writ petition raises an important question with regard to nomination of Persons Below Officer Rank (PBOR) of the Indian Army for being deputed to proceed on a UN Mission and Overseas tenure. It is unfortunate that this question has arisen despite the adjudication on this issue by the Division Bench dated 25th May, 2008 in WP(C)No.8085/2007 Naib Sub. Subedar Singh v. Union of India & Ors. with regard to the cut off date for consideration of personnel as being eligible for being so nominated. Several writ petitions have been necessitated on the allegation that the respondents are arbitrarily working the selection policy.

(2.) GIVEN the question which has been raised by the petitioner, it is necessary to note the dates on which the petitioners were enrolled with the Indian Army and dates on which they were posted with the 8 Rajputana Rifles (8 Raj Rif), which is the unit which stands nominated for proceeding on UN Mission. The respondents have set out this information in tabulation which reads as follows: -

(3.) IT appears that after such nomination, a new battalion being 23 Rajputana Rifles was being raised by the respondents. Learned counsel for the petitioner contends that this battalion was created as a specialised force of paratroops. The respondents have stated that petitioners were permanently transferred to 23 Rajputana Rifles with effect from the following dates: - <FRM>JUDGEMENT_3760_ILRDLH23_2013.htm</FRM>