B.H.M. HEMRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a writ in the nature of Mandamus directing the respondents to consider the case of the petitioner for promotion to the next rank of Naib Subedar. Counsel for the petitioner has pointed out that the criteria for promotion has been laid down in paragraph 1735 of the Air Defence Artillery Records Instructions, 1999, Part II. This paragraph provides as under :-

(2.) The instructions provide that the Army personnel should be posted on ERE and reverted to Regimental/Instructional duty in time to remain eligible for promotion. Case of the petitioner for promotion had been considered earlier also. He had not been considered fit for promotion. He challenged the aforesaid decision by filing CWP No. 18153 of 2002. At that time, the legal notice sent by the counsel for the petitioner under Section 80 of the CPC was still pending decision with the respondents. Consequently, the writ petition was disposed of with a direction to the respondents to pass an appropriate speaking order on the aforesaid legal notice within a period of four months from the date a certified copy of the order was brought to the notice. The respondents have now passed a speaking order dated 8.1.1993. In this order, it is categorically observed that as per policy in vogue for promotion to the rank of Naib Subedar, a Havaldar out of his last five ACRs, should have earned minimum two regimental reports out of which one must be in the rank of Hav. and one of the two should be an Above Average report. The last five ACRs for the years 1996 to 2000 were taken into account in respect of the personnel who were placed in Havaldar to Naib Subedar promotion board proceedings. The claim of the petitioner was included therein. He had earned four ACRs on ERE establishment (Non Regimental Reports) in the rank of Havaldar upto the year 1999. The requirement of one regimental report was waived off by the competent authority to redress the grievance of the petitioner that he has not been reverted back to the Unit in time due to unavoidable administrative reasons. However, even after the waiver was granted to do away with one regimental report, yet the petitioner could not be promoted to the rank of Nb. Sub. due to lack of ACR Criteria i.e. one "Above Average" report on regimental duty.

(3.) Having heard the learned counsel for the petitioner at length, we are of the opinion that in view of the speaking order passed by the respondents, the writ petition is devoid of any merit. It is a settled proposition of law that any government official has a right only to be considered for promotion. No individual can claim promotion as a matter of right. The claim of the petitioner has been duly considered by the competent authority under the policy in vogue. Therefore, we are unable to hold that there is violation of any statutory instructions/policy. We are also unable to hold that there has been any infringement of any legal right of the petitioner. Thus, there is also no infringement of Articles 14/16 of the Constitution of India.