S K DOGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is directed against the orders dated 21.11.94 and 19.12.94 as contained in Annexures 'F' and 'G' to the writ application as also Gen. form No. 3322/S dated 9.2.95 as contained in Annexure 'H' thereto.

(2.) The fact of the matter lies in a very narrow compass. The petitioner joined the Indian Navy as Artificer Apprentice on 30.7.83. He underwent training as an apprentice ERA for 4 years, whereafter he was promoted to the post of Engine room Artificer-5 in 1987, and to the post of Acting Engine room Artificer-4 on 9th April 1988. It is not in dispute that before an officer can be promoted to the higher post he is to pass a departmental examination, the syllabus whereof is contained in Annexure 'E' to the affidavit in opposition which provides qualifying marks as 40%. However, a note has been appended thereto to the following effect :

(3.) The respondents contended that the petitioner appeared at the said examination and although he secured 40% marks, his performance and practical knowledge had been assessed poor by the Board, and thus, he was declared failed in the examination by the constituted board on 8.1.89. On 2.3.90, the petitioner again applied for the second time for the said examination, whereupon he obtained 44.5% marks, but he was again declared failed due to poor professional and practical knowledge. He again applied on 7th June 1990, but although recommended for appearance in the said examination did not appear in the examination for the third time. On 9th April 1989, the petitioner was, however, promoted to the grade ERA-4 with effect from 9th April 1989 by the respondent No.6 allegedly misreading a signal issued by the respondent No.5, wherein Headquarters, Western Naval Commend was merely requested to issue necessary directives. The petitioner thereafter appeared in Board examination for the post of ERA-3 and secured 56% marks, and by an order dated 3.9.92, he was promoted to the post of ERA-3 with retrospective effect from 9th April 1990, as he had been working in the said post since 1990. The petitioner went on leave in October 1994 and when he reached Port Blair on 5.2.95 and joined duty on 6.2.95, he was asked to wear uniform of Acting ERA-4 where upon he made an enquiry and collected the impugned orders.