IGE SORA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by IGE Sora, JC 113838, who is presently working on the post of Naib Subedar at Tamenlong, in the State of Manipur with the Assam Rifles. The petitioner has prayed for issuance of a writ of mandamus setting aside and quashing the impugned promotion order dated 01.01.2016 issued in favour of the respondent No. 4, who is junior to him and directing the respondents to consider his case for promotion to the post of Subedar (GD), with all consequential service benefits including seniority. It may be noted at the outset that despite service of notice by registered post, the respondent No. 4 has chosen not to contest the matter.

(2.) The brief facts of the case are that the petitioner was appointed as Rifle Man in Assam Rifles in 1981. The petitioner was promoted to the post of Lance Naik in the year 1993 and thereafter promoted to the post of Naik during the year 1995. Petitioner was further promoted to the grade of Havildar (GD) in the year 1997.Thereafter, he was promoted to the cadre of Naib Subedar w.e.f. 01.08.2007 in 11 AR, C/O 99 APO at Moreh in the District of Chandel, Manipur. Petitioner was thereafter sent to HQ, IGAR (N), Nagaland, Kohima to work as Intelligence JCO in public interest. He joined the post on 10.04.2010 and continued to discharge his duties there till August, 2013. During that period, the petitioner was awarded Very Good/Outstanding bench mark in his ACR/APAR. Petitioner was repatriated from there in the month of August, 2013. One post of Subedar (GD) fell vacant in the month of April/May, 2013 due to the retirement on superannuation of Ex-Subedar, JC 113600 Tagia Dai. According to the petitioner, he was the only candidate in ST category available in the zone of consideration for promotion to the vacant post of Subedar (GD), but inspite of his repeated approach, his case was not considered for promotion on the alleged ground that the bench mark of ACR/APAR given during the period of deputation at IGAR (N) Nagaland, Kohima, could not be taken into consideration for the purpose of promotion to the cadre of Subedar (GD).

(3.) Mr. M. Chanda, learned counsel for the petitioner has submitted that there is no provision anywhere in the relevant rule that ACR/APAR earned by an employee during the period of deputation would not be considered for the purpose of promotion. The respondents illegally did not consider the case of the petitioner for promotion during the year 2013, 2014 and 2015 although one vacancy for ST category existed all along, on the unfounded premise that the petitioner is not having 5 ACR/APAR in the grade of Naib Subedar (GD) from 11 Assam Rifle. The vacant post of Subedar (GD) was kept unfilled for a long period from May 2013 till 31.12.2015. In the meanwhile, another JCO-114030 X Subedar/GD, Shri Nich Anil of 11 Assam Rifle, C/O 99 APO, who was junior to the petitioner, was considered and promoted to the vacant post of Subedar (GD) in supersession of the claim of the petitioner. It is argued that the said Shri Nich Anil not only did not fall within the zone of consideration, but had also not completed the regular service of five years as Naib Subedar (GD) during the year 2016.