HAVILDAR SEDU RAM Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) The petitioner on the date of the writ petition was working as Havildar and he is still on the same post. According to him, he was wrongly denied his promotion to the rank of Naib Subedar while his junior Subedar Mahender Singh, respondent No.4, was promoted overlooking the claims of the petitioner on the basis of the adverse remark made by the third respondent, Col-Ravi Mohan, who wanted the fourth respondent to be promoted. The facts of this case lie in a very narrow compass.

(2.) The petitioner was due for promotion w.e.f. 12.11.1994. He was superseded by his junior Hav. Om Prakash. The fourth respondent, Mahender Singh, was given promotion w.e.f. 1.8.1996 superseding the petitioner. According to the petitioner, for the purpose of getting promotion, a Havildar should have earned two 'Above Average' Grades and should be three 'Above Averages and three 'High Averages' in the gradings in the Annual Confidential Reports.

(3.) When the petitioner's case was considered in 1996, for Five years from 1990 to 1995 the gradings of the petitioners are as under:- <FRM>JUDGEMENT_395_DRJ53_2000Html1.htm</FRM>