CAPT SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was commissioned as a Short Service Commissioned officer on 8. 3. 1997 for a period of five (5) years. The petitioner was attached to the Infantry Unit for a period of three (3) years. The petitioner sustained injuries on 24. 4. 1998 while returning from his leave and consequent to the injuries sustained was placed in the low medical category on 24. 7. 1998. The medical treatment of the petitioner continued and it is the case of the petitioner that the injury was attributable to military service. The petitioner was ultimately placed in low medical category (permanent) P1e1.

(2.) THE petitioner was reverted from Infantry to the Army Service Corps on 8. 3. 2000. It is the case of the petitioner that he applied for grant of permanent Commission or in the alternative for extension of Short Service commission on 14. 7. 2001, which was recommended by his Commanding officer. A Selection Board was scheduled for 18/19. 10. 2001 the result of which was announced on 6. 12. 2001. As per this No. 5 Selection Board, the case of the petitioner was not considered but was placed in the list of cases which were withdrawn for administrative reasons. The petitioner has referred to the fact that in this Selection Board No. 5 there were cases of two officers whose names had been withdrawn earlier but were cleared in this board.

(3.) THE petitioner claims to be aggrieved by the withdrawal of his name for administrative reasons or insufficient material and pleads that his name should have been put up in the subsequent Board for consideration in the permanent Commission. However, the case of the petitioner was not considered by any subsequent Selection Board and the petitioner, thus, did not get the opportunity to either be retained for further Short Service commission or to be permanently absorbed as his initial tenure of Short service Commission ended on 7. 3. 2002.