JAGJIVAN SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India seeks issuance of a writ of mandamus directing the respondents to include the petitioner in the second contingent to the United Nations (U.N.) Mission scheduled to leave in August, 2014.

(2.) The petitioner's case is that he was enrolled in the Indian Army in the year 1994 and was promoted to the rank of Hawaldar in the year 2001. Based on its performance, the 9 Sikh Light Regiment was nominated for U.N. Mission and the Unit came to Delhi for necessary preparation for preinduction of the Unit. The first contingent left in December 2013. The petitioner was found eligible and selected for the second contingent scheduled to depart in June, 2014. As per the requisite procedure, upon request of the respondents, the petitioner conveyed his unwillingness for promotion and also tendered his Adverse Career Certificate and Willing Certificate which he submitted on 26.03.2014. Both these certificates were forwarded by the Commanding officer of the Unit vide letter dated 02.04.2014. Having completed all pre-induction formalities including medical examination, passport, visa, issue of kit, Government sanction for induction into U.N. Mission as the second contingent was to proceed in June 2014 itself but, due to administrative reasons, the move of the second contingent got delayed. In the interim, however, the petitioner came to know that he had been replaced in the second contingent by respondent No. 6 Hav (Clk) Harvinder Singh Solanki since he (the petitioner), in the meanwhile, had been promoted to the rank of Naib Subedar with effect from 01.07.2014. The impugned letter stated that the petitioner's case had been taken up for promotion to the rank of Naib Subedar with effect from 01.07.2014 before his induction to the U.N. Mission, hence, the policy of 30th August, 2010/30th December, 2011 in re Policy SD-3 (UN) would not be applicable to the petitioner. Petitioner's representation dated 29.07.2014 against the said letter did not yield positive result.

(3.) The petitioner impugns the said letter on the ground that he had forgone his promotion by the aforesaid letter of April 2014 as well as the Adverse Career Certificate. In his representation dated 29.7.2014, he had submitted that as per the policy of AMC, personnel whose promotion had come in March 2014 and July 2014 were eligible for deployment in the U.N. Mission and their seniority had to be maintained accordingly and they were to be promoted to the rank of Naib Subedar on the completion of their U.N. Mission tenure. The petitioner had also expressed that if he his unwilling for promotion before deployment in the U.N. Mission, disciplinary action would be taken against him as per rules which is IHQ of MoD (Army) letter No. B/33592/AG/PS 2(C) dated 11th February, 1992. He reiterated that the policy for personnel unwilling for promotion from NCO to JCO rank before deployment in U.N. Mission should not differ for AMC personnel and SIKH LI personnel. The said letter did not receive response from the respondent.