M R MANOJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was promoted to the rank of Acting petty Officer Mechanical Engineer (POME) on 7th September, 2001 vide general Form dated 7th September, 2001 with effect from 1st February, 2001. The petitioner was due to retire on 30th September, 2003. However, before his retirement the petitioner was reverted to the rank of Low Medical Category (LME) with effect from 1st February, 2001 vide order dated 17th September, 2003 containing General Form dated 17th September, 2003. The petitioner has approached this Court challenging the said order of reversion.

(2.) It is the case of the petitioner that under Navy Instructions No. 2/96, the qualifications for promotion have been laid down. For promotion to the post of poem the requirements are as under :

(3.) On behalf of the respondents, a reply has been filed. It is pointed out that the petitioner was placed in low medical category S3 A2 (P) Permanent (since 22-12-1999) and due to low medical category his positioning on board a ship for sea service was not permissible in accordance with Navy Order 14/2001. The petitioner, however, was scheduled for a review of his category on 22-12-2001 and, therefore, he was promoted to the rank of Acting POME on 7th September, 2001 anticipating that his medical category could be upgraded as had happened in the past, to facilitate his positioning onboard the ship in order to obtain the mandatory BWKC. The petitioner was given equal opportunity for promotion to qualify and meet the requirements for confirmation in the senior rank. This could in no way be construed as waiving of the mandatory requirement of BWKC. It has also been pointed out that in the medical board held on 21st July, 1998 the petitioner's category was upgraded to S2 A2 (P) (T-24). At the review medical board held on 15th March, 1999, 5th May, 1999 and 25th October, 1999, the petitioner's medical category was maintained as S3a2 (H) T-24. Eventually during the review Medical Board held on 3rd March, 2000, his medical category was converted to S3a2 (H) PMT with review due on 22nd December, 2001. The petitioner was discharged/released from Naval service on 30th September as per navy Instructions 2/96. As per Navy Instructions 2/96, it is mandatory to obtain boiler Watch Keeping/ice Competency or equivalent certificate within two weeks of obtaining the rank of Ag. POME.