NB SUB JANAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The controversy in this case pivots around the question whether the promotion of Janak Raj, Naib Subedar, the petitioner in this case to the rank of PA Subedar took effect from the date of notional promotion or from the date of actual promotion. The indisputable facts of this case are these. The petitioner, Naib Subedar Janak Singh joined the Indian Army on 18th July, 1974. He was promoted to the rank of Naib Subedar on 1st January,1991. Thereafter, vide letter dated 3rd September, 1996, he was promoted to the rank of PA Subedar with effect from 16th June, 1996. Para No. 3 of the promotion letter reads :-

(2.) On 19th August, 1996 the petitioner while going out of the Living in Barracks to attend games, parade, etc. at Unit location fell down from the stairs and sustained injuries. He was placed in Lower Medical Category. The petitioner was admitted in hospital on 19th August, 1996 and was granted 56 days sick leave with effect from 29th September, 2006. On expiry of sick leave he was again admitted in the hospital and was discharged on 6th December, 1996. The petitioner was down graded to medical category CEE (Temporary) for six months with effect from 5th December, 1996. The petitioner suffered severe head injury with compound fracture phalanx and certain other injuries. Subsequently, he was granted 20% medical disability as he had sustained injuries while on duty. His promotion order was cancelled on 14.01.1997. Fresh proposal was asked vide letter dated 23.04.1997. On 04.05.1997, signal was sent to headquarters with a request to withhold posting of Naib Subedar Janak Singh. 05.05.1997, a letter was received from Command Hospital, Lucknow for recategory of Naib Subedar Janak Singh. On 10.05.1997, a letter was received that the petitioner did not report for recategorisation. On 06.05.1997 a letter was sent by headquarters that no category medical board in respect of Naib Subedar Janak Singh had been held in Command Hospital, Lucknow. On 07.06.1997 relinquishment of paid acting rank was cancelled consequent to down gradation of the petitioner from medical category Permanent to CEE Temporary. He was struck off from strength on 01.08.1998 on completion of tenure as Naib Subedar. The representation made by the petitioner did not ring the bell. Consequently, he filed the instant writ petition for issuance of writ in the nature of mandamus directing the respondents to promote the petitioner with effect from 16th June, 1996 and grant consequential benefits from that date.

(3.) It is not out of place to mention here that in the original writ petition filed by the petitioner he had omitted the word "Medical" occurring in para No. 3 above. This Court vide its order dated 29th November, 2005 came to the conclusion that the petitioner had not approached the Court with clean hands. Consequently, the writ petition filed by him was dismissed. The petitioner filed a review petition dated 3rd January, 2006, which was accepted by the order passed by this Court vide order dated 30th March, 2007 and it was ordered that the writ be heard on merits.