ASHOK KUMAR Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Writ petitioner-appellant, aggrieved by order dated 6th of July, 2009 passed by a learned Judge in Civil Misc. Writ Petition No. 32563 of 2009, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.

(2.) Short facts giving rise to the present appeal are that the writ petitioner-appellant (hereinafter referred to as the 'appellant') was Naib Subedar (Nb Sub)/Driver, Mechanical Transport in the Army. After completing 26 years' of service, he was granted extension of services by two years. Later on, it was found that he was not entitled to be given the extension on the ground that he was awarded 10 days' detention on 06.01.1981, which permanently debars extension of service in terms of the Army Headquarters' letter dated 22nd Nov., 2005 and the extension given to the appellant was withdrawn on 31.08.2006. The statutory appeal filed against the said order was also rejected and the same was intimated to him vide letter dated 5th July, 2007. The appellant unsuccessfully challenged the aforesaid orders, which have given rise to the present appeal.

(3.) Mr. R.A. Pandey appears on behalf of the appellant. Mr. Ajai Bhanot appears for the respondents.