UTTAM CHAND Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. R Jha, learned counsel appearing for the petitioner and Mr. SC Shyam, learned senior counsel for the respondents.

(2.) By this writ petition, the petitioner is assailing the impugned order dated 17.12.2008 passed by the respondent No.2 that the petitioner shall retire from service after expiry of three months from the date of service of notice to him. For easy reference, the impugned order dated 17.12.2013 (Annexure-I to the writ petition) is quoted hereunder:-

(3.) The petitioner was enrolled as a recruit General Duty in Assam Rifles on 09.02.1978 and after completion of training at Assam Rifles Training Centre, he was posted to 19th Assam Rifles as his parent unit. On 25.08.1985, the petitioner was promoted to the post of Lance Naik/G.D. on the basis of good performance in sports and thereafter, he was promoted to the post of Naik/G.D. on 01.10.1985. In the month of September, 1991 the petitioner was promoted to Havildar/G.D. In the year 1996-97, the Chief of Army Staff awarded a certificate of commendations to the petitioner for his dedicated service and directed the said certificate to be incorporated in the service records of the petitioner. On 01.03.1999, the petitioner was promoted to the post of Naib Subedar/G.D and on 15.06.2004, the petitioner was promoted to the post of Subedar/G.D.