MAJOR K P SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was commissioned in the Indian Army on June 15, 1969, claims that he was entitled to a command criteria appointment before anyone junior to him could be appointed. He further submits that as a result of the failure of the respondents and in spite of his statutory complaint, the needful was not done. This, according to the petitioner, is likely to prejudicially effect his further promotion and seniority. The statutory complaint submitted by the petitioner having been rejected vide order dated 9th October, 1990 (Annexure P-8), the petitioner has approached this Court through the present petition.

(2.) In the written statement filed on behalf of the respondents, it has been averred that the petitioner was commissioned on 15th January, 1969 and was required to pass Part 'D' examination within 13 years from the date of commission. Since the petitioner passed that examination in February, 1984, he lost his seniority, which now reckons from February 1971. It has been further averred that the petitioner was considered along with his batch-mates, but the case was deferred "due to lack of criteria appointment". After the filing, of the written statement, an additional affidavit has been filed, in which it has been averred that the petitioner has already been posted on Command Criteria Appointment vide Army Headquarters letter No. 8/43508/MS- 14/Dec-3/B dated 19th December, 1990. It is further averred that the petitioner had reported for duty in the Battalion on 5th January, 1991. It has also been averred that the petitioner's claim "will be considered for promotion to the rank of selection grade Lieutenant Colonel after having been adequately exercised on present appointment". He is already holding the time scale rank of Lt. Col.

(3.) Mr. Ashutosh Mohunta, learned counsel for the respondents, states that the petitioner will complete Command Criteria appointment by September 1992, and that his claim for further promotion, which had been deferred in May 1990, shall be considered within a reasonable time thereafter. He further states that even the claim for restoration of the petitioner's seniority shall also be considered.