GANESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. N. Mozika, learned counsel appearing for the petitioner. Also heard Mr. S. C. Shyam, learned Central Government counsel representing the respondents.

(2.) THE petitioner was enrolled as a Rifleman under the Assam Rifles Organization and in pursuant to the promotion order dated 1.8.2006 (Annexure-9), currently he is serving as an Assistant Commandant. He seeks direction for retrospective effect to his promotion from the time, when 7 others were granted promotion/appointment in the cadre of Assistant Commandant. Retrospective promotion is claimed on the ground that the said 7 officers were given promotion in 1997, on the basis of common recommendation made in August, 1996 for all of them, by the final Departmental Promotion Committee (hereinafter referred to as 'the DPC'). After they were short listed by the DPC, the writ petitioner and the others were made to undergo a mandatory 42 days training, prior to their scheduled appointment as officers.

(3.) THE Union of India filed a belated writ appeal i.e. WA No.366 of 2004 with an accompanying delay condonation application i.e. MC No. 2961 of 2004 to challenge the order dated 07.04.2003 passed in WP(C) No. 209 (SH) 2001. As the appellants failed to take necessary steps in the delay condonation application, the Division Bench by order dated 02.03.2005 dismissed MC No. 2961 of 2004 and as a consequences thereof, also dismissed the writ appeal filed by the Assam Rifles Authorities.