HARIPAL SINGH Vs. CHIEF OF THE ARMY STAFF

JUDGEMENT

(1.) By the instant writ petition, the petitioner has challenged the order dated 1st May, 2013 passed by the Armed Forces Tribunal in O.A.No.429/2012 rejecting the petitioner?s challenge to the order dated 18th July, 2012 whereby the case of the petitioner for promotion from the post of Havildar to Naib Subedar from the date when Hav.K.N.Pandey being junior to the petitioner was promoted, has been rejected. The petitioner has also prayed for setting aside the assessment endorsed by the Reviewing Officer on the petitioner?s ACRs for the year 2004 and 2005.

(2.) The petitioner was enrolled as Driver (MT) on 2nd October, 1982 and was thereafter promoted to the rank of Naik on 1st December, 1997 and thereafter on 1st April, 2003 to the post of Havildar. It is the admitted position that the petitioner qualified the mandatory promotion cadre on 27th May, 2005 and claims that he became eligible to the rank of Naib Subedar in terms of policy decision dated 10th October, 1997 of the respondents. It is also an admitted position that so far as the criterion for promotion to the rank Naib Subedar is concerned, as per the policy decision dated 10th October, 1997, the last five ACRs of the personnel are required to be considered.

(3.) It is undisputed that out of these five ACRs at least three have to be in the rank of Havildar and in case of shortfall, the rest may be in the rank of Naik. The respondents have also specified that in three ACRs out of five reports which have to be considered, the personnel under consideration should have been assessed "at least above average" with a minimum of two such reports in the rank of Havildar.