UNION OF INDIA Vs. AKBAR ALI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 21.10.2009 passed by the learned Single Judge in WP(C) No.238 (SH) 2006 by which the prayers made in the writ petition were all allowed. Consequently, the direction has also been issued to the appellants to give promotion to the writ petitioner including seniority with all other consequential service benefits.

(2.) BRIEFLY stated the facts leading to the filing of the writ petition are that the petitioner when he was serving as Havildar/Clerk in Assam Rifles was reduced in rank by an order dated 18.08.1988. The petitioner did not challenge the said order but agitated his grievances relating to the cancellation of the order of promotion dated 17.05.1990 by which he was promoted to the rank of Havildar Clerk w.e.f. 01.01.1990. The order of cancellation came to be issued on 13.06.1990 before the petitioner could join the promotional post. Thereafter, the petitioner submitted a representation for restoration of his promotion, but according to the petitioner the said representation did not yield any result.

(3.) AFTER the aforesaid judgment and order, the Assam Rifles authority passed the order dated 05.03.04 towards consideration of the case of the petitioner for promotion. For ready reference the said order is also quoted below:-