NAIB SUBEDAR JAI NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner questions his retirement from the army as per the order dated 17.6.1981. By this order he was ordered to be retired w.e.f. 24.9.1981. According to the petitioner he was entitled to be in service till 27.6.1982 as per an earlier order. Petitioner also seeks a direction to the respondent to promote him.

(2.) The petitioner joined the service in the year 1956 as a Sepoy. In the year 1972 he was promoted as Naik Subedar. In February 1980 the Screening Board met as per letter dated 8.2.1980 and as revealed from the letter dated 8.2.1980 (Annexure G) it was stated that the Screening Body duly recommended the petitioner for retention in service upto the enhanced service/age limit. This document further states that since the petitioner was due for retirement during the month of June 1980, the retention in service may be published and the name of the petitioner from the list of pensioners (Appendix A) be deleted. On 13.2.1980 the proceedings held in connection with the promotion stated (as per annexure H) that since the petitioner had earned "one below average" report during 1977 he was not eligible for extension of service by screening. Consequently the previous letter dated 8.2.1980 was returned. Byletter dated 13.2.1980 the Officer Incharge (Records) was asked to reconsider the case of the petitioner having regard to the unblemished record and to exercise his powers in terms of para '6 of the Army Headquarters letter dated 20.12.1979. This letter is filed as Annexure 'D' in the writ petition. The instructions governing the promotion relevant to the petitioner read as follows:

(3.) The material on record reveals that the reports for several years indicated against the petitioner thus: