K S MANKOTIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was commissioned as an Emergency Commission-1 Officer on 30.6.1993 in the Indian Army Infentry. He underwent training for 18 months and the same was excluded and the seniority of the petitioner and of his batchmates was fixed as 15.1.1965.

(2.) The petitioner had N.C.C. 'C' certificate and was given seniority of six months accordingly another period of six months was added to his seniority and the date of seniority was raised to 15.7.1964. As a result of this Court's order in the case of Col. S.P. Aggarwal fifteen days' benefit was given to the petitioner and to all those similarly placed officers and consequently, the petitioner's seniority was finally fixed w.e.f. 30.6.1964.

(3.) It is submitted that the petitioner was considered for selection for the post of Brigadier alongwith other officers of 1964 batch. The result was declared in December, 1989. The petitioner was, however, not selected in the first attempt. According to the policy dated 11.12.1991, issued by the Military Secretary Branch of the Army Head Quarter, the sequence of the failure to get selected in first attempt to the next higher rank resulted in loss of seniority of one year and the petitioner slided down to the following year's batch (of 1965) and became an officer of 1965 batch.