RANBIR SINGH AND ORS (LT COL ) Vs. UOI

JUDGEMENT

(1.) This common order shall dispose of the aforesaid three writ petitions which arises out of the identical facts and raises common question of law "whether the loss of seniority suffered by an incumbent on account of passing a promotional examination later than the time specified, will change the seniority and would have a permanent effect or would only retard his seniority in the rank without effecting his overall seniority except the pay and allowance for the additional period taken by the incumbent to pass such an examination over and above the specified period for it".

(2.) The petitioners joined the services in the Indian Army and were posted as officers in Remount Veterinary Corps (RVC). They were promoted to the rank of Major after they cleared the requisite departmental examination within the prescribed time or thereafter but within reckonable period of service which enabled their promotion to the next rank i.e. the rank of Major and then to the rank of Lt. Col. along with the private respondents. However, when their name came for consideration for further promotion to the post of colonel they could not make it and in fact, they were not selected for the next promotion by three consecutive boards.

(3.) By way of these writ petitions, the petitioners are assailing, the decision of the third selection boards having not selected them but promoted two of the private respondents as Colonel despite loss of seniority as they failed to clear the promotional examination in the time available to them as per the rules. It is submitted that this should not have been done. The petitioners cleared promotional examination within the time prescribed and in any case before the private respondents could do so, thus the petitioners seek setting aside of the result of the 3rd Selection Board qua the respondents who have been promoted to the post of Colonel with further direction to consider the petitioners in their year of seniority by lowering down the seniority of the respondents.