MAJOR SANDEEP RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by Ex-Major of the Territorial Army who is seeking to enforce his rights under the Territorial Army Act, 1948 and the Territorial Army Act Rules, 1948 for having been terminated/removed from services of Territorial Army.

(2.) The petitioner claims to have been appointed in the 'Regular Army' in the area as a Short Service Commissioned Officer in 2005 and was relieved from the rank of Captain in the year 2010. Thereafter, he applied for grant of Territorial Army Commission as per Territorial Army Act, 1948 and the Territorial Army Act and Rules, 1948. The provisions of para 9 of Appendix VIII of the aforesaid Act provides confirmation of officers appointed in the Territorial Army after completion of probation of three years in passing the prescribed examination. However, Ex-officers who have a minimum of three years previous commission service are exempted from the aforesaid criteria. The petitioner was thus selected and employed in the Territorial Army in the rank of Lieutenant on 16/7/2015 and joined the services on 1/8/2015.

(3.) The petitioner served in J&K (Counter Insurgency/Counter Terrorism Area) from 2015 to 2018 and he was granted ante dated Seniority in terms of the Gazette notification dtd. 17/9/2016 of Ministry of Defence (Army Branch) (Territorial Army) w.e.f. 2/6/2010 in the rank of Lieutenant for his former service in the Regular Army. Thereafter, by virtue of order dtd. 22/6/2018 and under the provisions of Rule 21-A of the Territorial Army Act Rules, 1948, he was embodied as a permanent staff of the Territorial Army. Therefore, the petitioner claims that his services are covered under the Territorial Army Act, 1948 and the Territorial Army Act Rules, 1948.