UNION OF INDIA Vs. RADHA KRISHNA SINGH

JUDGEMENT

(1.) Challenge in this appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalay (Khand) Nyayapeeth Ko Appeal Adhiniyam, 2005 is made to an order dated 17/01/06 passed in W. P. No.. 3842/96 by the learned Single Judge of this Court.

(2.) Respondent Shri Radha Krishna Singh was working as a 'Havaldar'. Complaining his super-session in the matter of promotion to the post of 'Naib Subedar' , the writ petition in question was filed.

(3.) It was the case of respondent no. 1 in the writ petition that he was recruited in the Indian Army (Ordnance Corp) as a Recruit on 28th July, 1972. He was promoted as a 'Naik' on 1st April, 1981 and became 'Havaldar' on 1st October, 1985. It was said that he was due for promotion on the next higher post of 'Naib Subedar' w.e.f. 1st May, 1991. Even though, he had completed the qualifying examination for promotion, he had been superseded in an illegal manner, he retired from service on 1st August, 1996 and it was his contention that he came to know about his super-session only on 18th April, 1995. He submitted a statutory appeal which was rejected and, therefore, filed a writ petition being W. P. No. 3842/96. The writ petition was allowed and he is directed to be promoted with 50 % of the monetary benefits after consideration of his case by the appropriate committee, this writ appeal has been filed challenging the said order passed in the writ petition.