SUBEDAR SKT JASBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved by the order passed by the respondents giving him only notional promotion to the rank of Nb. Subedar with effect from 1.11.1999 and denying him the arrears of difference of pay and allowances from the said date in the said rank.

(2.) The petitioner herein was enrolled in the Indian Army in the rank of Sepoy on 26.8.1981 and thereafter he was promoted to the rank of Naik and Havildar with effect from 1.4.1985 and 1.1.1988 respectively. Thereafter the petitioner was also detailed for the courses prescribed for the promotion to the rank of Nb. Subedar and the petitioner successfully completed the course and became eligible for the promotion to the rank of Nb. Subedar in the year 1996. The petitioner, however, did not and could not earn the two regimental annual confidential reports which is one of the criteria to earn promotion to the said rank. In order to enable the petitioner to earn the said criteria for promotion also, a posting order was issued from 14 Artillery Brigade posting the petitioner to 253 Medium Regiment under order dated 7th July,1998. The petitioner was also allowed to be moved out by 10th August, 1998. However, the petitioner was not released and the aforesaid order of posting of Naik Store Keeper Technical Hans Raj was cancelled and, therefore, the petitioner could not join his new posting. Consequent thereto a request to attach the petitioner to a unit within the formation Headquarters to enable him to earn another regimental annual confidential report was received from 14 Artillery Brigade as the petitioner was within the promotion zone and was lacking one regimental report. Subsequently, an attachment order in his respect was issued to 102 Medium Regiment by the respondents on 10th August, 1999. The said order of posting was again cancelled. A fresh posting order consequently was issued in respect of the petitioner on 17th August, 1999.

(3.) In view of the aforesaid difficulties and inability of the petitioner to satisfy the requirement, he submitted a statutory complaint on 16th August, 1999 for waiver of requirement of two regimental annual confidential reports. The said statutory complaint was considered and Chief of Army Staff granted his consent to waive off the requirement of one regimental annual confidential report in the peculiar facts of the case of the petitioner for consideration of his case for promotion to the rank of Nb. Subedar as a special case. Accordingly the case of the petitioner was considered in the next promotion board held on 28-29th January 2000 but since the order of the Chief of Army Staff was not received by the promotion board till then, he was not declare fit for promotion.