EX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein was downgraded to Medical Category 'BEE' (Permanent) by Medical Board on account of the amputation of his right thumb in March, 1987. In June, 1988, he was sent as a member of the Indian Peace Keeping Force to Sri Lanka. He was promoted from the post of Subedar to that of Subedar Major on August 1, 1988. About two months later while the petitioner was still in Sri Lanka, he was discharged from service vide orders dated September 30, 1988. Having failed to get any relief in response to his representations/notice etc. the petitioner has approached this Court through the present wit petition. A few facts may be noticed.

(2.) The petitioner was enrolled as Sepoy on August 8, 1960. He was appointed as a Lance Naik on December 10, 1966. He got his promotions to the rank of Naik, Havildar and Naib Subedar on July 12, 1969, July 15, 1973 and June 1, 1980 respectively. On May 14, 1982, the petitioner was promoted to the rank of Subedar. During his service career the petitioner passed different courses at Army Training Schools and served at different places. In the year 1985 the petitioner was attached to the instructional and administrative staff of the 3rd Punjab Battalion (N.C.C. and posted at Ludhiana). During his service in N.C.C. he met with an accident while on duty. As a result, his right thumb was amputated. In March, 1987, he was downgraded to Medical Category 'BEE' (Permanent) by a Medical Board at Military Hospital, Jullundur Contonment. He was sent before a Release Medical Board on April 4, 1988. However, instead of discharging him from the Army, the petitioner was posted back to his original Battalion, viz., 16 Sikh Battalion by the Regimental authorities. He was then deputed to Sri Lanka.

(3.) On May 19, 1988, when the petitioner's case for the grant of honorary commission as Lieutenant waas pending he was asked to opt for promotion to the rank of Subedar Major w.e.f. August 1, 1988, or to forgo the promotion as submit the papers for grant of honorary commission on Independence Day 1988 and Republic Day 1989. The petitioner opted for his promotion to the rank of Subedar Major. This was, as averred by the petitioner, on account of the fact that a Subedar Major is entitled to continue in service upto the age of 52 years while a Subedar retires on attaining the age of 50 years. On the petitioner's option for promotion to the rank of Subedar Major, the papers for grant of honorary commission were withdrawn on June 4, 1988. Thereafter, the petitioner was actually promoted to the rank of Subedar Major on August 1, 1988. Two months later on September 30, 1988, he was discharged from the service.