MOHINDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 11.2.2013 (Annexure P-5) passed by the learned Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short - 'the Tribunal'), whereby the petition of the petitioner seeking promotion to the rank of Subedar Major has been dismissed.

(2.) The petitioner was enrolled in the Army as a Sepoy on 6.8.1991. He was promoted to the rank of Naib Subedar on 1.9.2000. Thereafter, he was promoted to the rank of Subedar on 1.2.2008. He retired from service as Subedar on 31.8.2011. The grievance of the petitioner is that he has been denied promotion to the post of Subedar Major and even his case for promotion to the said post of Subedar Major was not considered. The petitioner filed OA No.1890 of 2011 before the learned Tribunal which has been dismissed by the impugned order dated 11.2.2013 (Annexure P-5). Aggrieved against the same, the petitioner has filed the present petition.

(3.) Learned counsel for the petitioner has contended that the learned Tribunal gravely erred in law in not allowing the petition of the petitioner for consideration for promotion to the rank of Subedar Major. It is submitted that the promotion criteria for Junior Commissioned Officers (JCOs for short) and Non Commissioned Officers (NCOs for short) has been provided for vide letter dated 6.5.2002 (Annexure R-1) and in terms of para 7 (a) thereof, the case of the petitioner was liable to be considered. It is also contended that the letter dated 14.9.2007, which is attached with original application (Annexure P-3) before the learned Tribunal, provides for consideration for promotion to the rank of Subedar Major in a manner by which the complete batch of substantive Subedars of a calender year would be considered by the Department Promotion Committee (DPC for short), so that every Subedar gets at least one look in DPC before retirement and also in organizational interest of selecting the best JCOs.