GIRISH CHANDRA PAPNEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is serving in the Assam Rifles in the rank of Havildar. The petitioner was initially recruited as GD Rifleman in the year 1980 and subsequently promoted to the rank of Lance Naib, Naik and Havildar in the year 1991, 1996 and 1997 respectively. In terms of the Record Office Instruction (ROI), i.e., guidelines for promotion, the writ petitioner became eligible for promotion to the rank of Naib Subedar (General Duty) in the year 2002, after 18 years of total service and 5 years of Havildar GD. However, for the reasons best known to the concerned authority of Assam Rifles, the petitioner was considered for promotion in the year 2006, but the Screening Committee promoted 6(six) Havildars as Naib Subedar, who were junior to the writ petitioner. In this way the writ petitioner was superseded, giving rise to filing of this writ petition under Article 226 of the Constitution of India.

(2.) According to the writ petitioner, he has been discriminated in the matter of promotion, inasmuch as, although he had fulfilled the requisite qualifications and criteria he has been deprived of promotion. Hence, as contended, it is a clear case of infringement of Articles 14, 16 and 21 of the Constitution of India. As such, the petitioner is praying for a writ in the nature of mandamus so as to direct the respondents' No. 1 to 5 to consider the promotion of the petitioner giving retrospective effect, i.e., with effect from 1.1.2006, as given to the private respondents.

(3.) Heard Mr. P.C. Prusty, learned Counsel for the petitioner as well as Mr. Lalremtluanga, learned Counsel for the respondent Nos. 1 to 5. The private respondents have not appeared despite being notified.