BIRENDRA RAO PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, who is subject to the Army Act, has prayed for issuance of a writ of certiorari quashing the rejection order of the statutory complaint by the Chief of the Army Staff, communicated on 11-4-87 and a writ of mandamus commanding the opposite parties to reinstate the Petitioner as a Gentleman Cadet and to give him commission thereafter retrospectively w.e.f. 8-6-1985 and to treat him as a Gentleman Cadet right from the beginning and give him all consequential benefits.

(2.) When this writ petition came up for hearing the learned Counsel for the petitionee submitted that he has been reinstated as Gentleman Cadet vide order of the Director General, Military Training, Army Headquarters, New Delhi dated 20-1-1993. This order seems to have been passed in pursuance and implementation of the orders of this Court dated 9-4-1991. The learned Counsel for the Petitioner, therefore, submitted that a writ of certiorari may be issued quashing the order of statutory complaint and a mandamus may be issued to give the Petitioner commission as prayed for.

(3.) A biief narration of the facts is necessary for the decision of this writ petition.