RAVI KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners were enrolled in the Indian Army in the Bengal Engineering Group in 1996-1999.

(2.) The respondents introduced a new trade of Surveyor Automated Cartographer in 1993 and the selection to the post was through direct recruitment as per Army instructions 23/90. The necessary qualifications for the said category was incorporated in the appendix to the said Army instruction. The soldiers were to be placed in Class III of the trade and given the rank of Havildar and on completion of course of training of two (2) years they were to be placed in Class II. The persons so recruited were to be on probation for a period of two (2) years and on successful completion of probation the recruit was to be placed in Class I of the trade. The further promotion to the rank of Naib Subedar was permissible only after completing the total service of five (5) years.

(3.) The respondents found that there was a deficiency in the number of candidates coming for direct recruitment to this newly created trade and to meet the requirement the Army Headquarters accorded sanction for remustering of personnel from those who were already serving in other Arms/Services having requisite qualification as per AI 23/90. This resulted in the entry from two streams, i.e. through direct recruitment from civil in the rank of Havildar; and remustering from other Arms/Services.