KESHAW KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) D. K. Seth, J. The petitioner, in the present be se, has made out a case that since 1-1-1976 he was working in M. L. N. Medical College, Allahabad, as a teacher. He was also a part time National Cadet Corps Officer since 25- 6-1976. The Na tional Cadet Corps. Organisation (hereinafter referred to as NCC) was dis banded between the period 1-5-1977 to 3-10-1978 for the purpose of re-organisa tion. During the said period the petitioner was placed on supernumerary list; accord ing to Rule 26 (4) (a) and (4-aa) of Nation al Cadet Corps Rules, 1948. Though the petitioner had performed the duties be tween the said period 1-5- 1977 to 3- 10-1978, yet the said period was not counted for the purpose of counting seniority for promotion in NCC Despite his representation, no benefit was given to him in spite of the certificate granted by his officer. The seniority was not counted for the purposes of granting him promotion. According to him, if it was so counted he would have been entitled to the rank of Major with effect from 25-6-1988. By order contained in communication dated 3-10-1988 his claim was turned down. The petitioner has challenged the said order by means of present writ petition. In the present writ petition he has prayed for, (i) quashing of the decision contained in communication dated 3-10- 1988 (An- nexure-7 to the writ petition), (ii) for reck oning the period 1-5-1977 to 3-10-1978, (iii) to promote the petitioner to the rank of Major with effect from 25-6-1988, (iv) Commanding the State of Uttar Pradesh to accept the petitioner as a regular employee of State of Uttar Pradesh with effect from the date of his Commission namely 25-6-1976, (v) Commanding the respondent No. 2 State of Uttar Pradesh include the petitioner's name in the list of Selection Grade Scale as Reader (Personal), (vi) Commanding the State of Uttar Pradesh to allow selection grade scale to the petitioner immediately after 31-12-1988.

(2.) SRI S. Harkauli, learned counsel for the respondent, on the other hand con tends that there is no nexus with regard to the case made out in the writ petition and the prayers (iv), (v) and (vi ). Inasmuch as the appointment as part time commis sioned officer in NCC has nothing to do with the appointment or conditions of ser vice in the college itself. At this stage, SRI A. K. Shukla, learned counsel for the petitioner submits that he is pressing the writ petition only with regard to prayer No. (i), (ii) and (iii) and he is not pressing the rest of the prayers.

(3.) NOW, therefore, we are called upon to decide the following questions: (i) As to whether the period between 1-5-1977 till 3-10-1978 should be reckoned for the purposes of counting seniority of the petitioner; (ii) If counted, whether the petitioner would be entitled to promotion to the rank of Major with effect from 25th June, 1988.