RAJESH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE policy for posting Junior Commissioned Officers of the Indian Army to HQ Indian Military Training Team (HQ IMTRAT) is governed by AEC ROI 06/2006 and Integrated Headquarters of Ministry of Defence/SD/3 (UN & TT) Service Note No.83079/QR/SD -3 (UN & TT) dated April 12, 1999.

(2.) AS per the policy, the Junior Commissioned Officers must have successfully completed a Map Craft Instructor Course Serial No. -155 and should have undergone Dzongkha Language Course Ser -32. Concededly the petitioners have successfully completed the two courses. Posting to HZ IMTRAT is concededly based on seniority, evidenced by a circular ROI 06/2006 which reads as under: -

(3.) AFORESAID facts not being in dispute, we state the issue of contention between the parties. It arises out of para 2(a) of (X) of Appendix 'A' of the Integrated Headquarters of Ministry of Defence/SD -3 (UN & TT) Service Note No.83079/SD -3 (UN & TT) dated April 12, 1999 which reads: - "A. The candidate should not be due for any course/cadre during tenure with IMTRAT."