DEVLAL Vs. UNION OF INDIA AND OTHER

JUDGEMENT

(1.) The petitioner is an ex-serviceman who worked as Sipoy/Saphaiwala in Rajput Regiment for about 8 years. The petitioner took voluntary retirement from the said Regiment and applied for his appointment as Sipoy/Saphaiwala in Defence Security Corps. The petitioner moved an application for his appointment, but the respondents refused to appoint him. He was informed by the respondents, as the respondents contend, by letter No. 2985679/06/RI-III/Command that as at the time of discharge the petitioner's character was assessed as 'Good', he cannot be re-employed because the requirement was 'Very Good' or above. It appears that petitioner thereafter moved an application to the Rajput Regiment Officer for re-assessment of his character. This time the character was re-assessed as 'Very Good'. The petitioner armed with the re-assessment order of character as 'Very Good' again moved an application to the respondent - DSC on 18-7-1995. In response, he was informed by letter dated 9th April, 1996 that reassessment of character from 'Good' to 'Very Good' cannot be taken into consideration for re-enrolment of ex-serviceman into DSC and as such the petitioner was not eligible to join DSC. The respondents in their return stated that Annexure, P/2 was issued in view of the Army Headquarters Letter No. A/04236/Rtg 5(OR)(A), dated 5-9-1994.

(2.) The petitioner submits that the said letter dated 5-9-1994 (Annexure, R/1) is per se illegal and cannot override the statutory provisions. The petitioner also filed a rejoinder to the petition.

(3.) The respondents in their return contend that the petitioner was awarded three red ink entries (adverse remarks), he deserved a character ranking as 'Good' only under para 170 of Regulations for the Indian Army, 1987. They further submit that as a matter of policy, they do not take into consideration the character ranking on re-assessment. According to them, at the time of discharge the competent authority makes an order after assessing the character of the person, but after sometime when a request is made to such authority for reassessment, then the said authority for obliging such discharged employee, reassessed the character and granted 'Very Good' character ranking. According to the respondents, such reassessment in relation to the character cannot provide a foundation for employment/re-enrolment.