M C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Major M.C. Sharma has approached this court with the prayer that the adverse remarks given by respondent no.4 to the petitioner be quashed. He has also prayed that the respondents be directed to consider and promole the petitioner to the rank of Lt. Colonel from the due date. He has also prayed that the orders dated 24.4.96 trans ferring the petitioner from Delhi to Baramula be also quashed as the same is punitive and actuated with ulterior motives and mala fide considerations. The petitioner has also prayed that he be given consequential and other monetary benefits arising out of his promotion with interest at the rate of 18 per cent per arnnun.

(2.) Brief facts which are necessary to dispose of this petition are recapitulated as under:- The petitioner was commissioned in the Indian Army in June, 1976 and is presently holding the rank of a Major. It is alleged that the petitioner was approved for promotion to the rank of Lt. Colonel vide letter dated 30th March, 1994. However, the petitioner could not be promoted to the rank of Lt. Colonel till April, 1995 on account of the fact that there was no vacancy available.

(3.) It is submitted by the petitioner that When the turn for promotion to the rank of Lt. Colone. came, the petitioner was again not promoted by the respondents. He was informed by the Military Secretary Branch (respondent no.3) that he could not be promoted because there has been a drop in performance in his case. It was also stated in the letter by the respondents that the petitioner will he considered as a fresh case along with the Officers of 1977 batch, who were junior to him because he was of 1976 batch.