JUNIOR WARRANT OFFICER, GEORGO, K.P. Vs. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

JUDGEMENT

(1.) The petitioner, who has already retired from the Indian Air-Force as a Warrant Officer, complains that the date of his promotion to the rank of Junior Warrant Officer was arbitrarily changed from Feb. 21, 1977 to Sept. 5, 1977 "without giving any opportunity or being heard..." He, consequently, prays that the orders dated Jan. 23, 1981 and March 18, 1981, copies of which have been reproduced as Annexures P/10 and P/12 with the writ petition, be quashed. A few facts as relevant for the decision of this case, may be briefly noticed.

(2.) The petitioner was enrolled as apprentice Entry Airman on April 4, 1957. He was admittedly deputed for the training course. He passed the course on March 29, 1961. He was appointed as an Air Craftsman. On Oct. 1, 1964, the petitioner was promoted to the rank of a Corporal. In Feb., 1970 the petitioner qualified the test for promotion to the rank of Sergeant. He was actually promoted as a Sergeant on Dec. 15, 1970. He passed the prescribed test for promotion to the rank of &% Junior Warrant Officer in Sept., 1971. He was promoted to the acting rank of Junior Warrant Officer on Feb. 21,1977.

(3.) On May 13, 1970, the Headquarter Training Command, Bangalore, had issued certain instructions regarding the fixation of seniority of apprentices. It was inter-alia conveyed that the Air Headquarters have decided "to grant higher acting ranks to the affected apprentices entry airmen to the extent that they are not superseded by all direct entry airmen on comparable effective service." In pursuance of this communication, certain correspondence ensued. The petitioner -n submitted representations seeking certain clarifications. However, vide order Jan. 23, 1981, the petitioner was informed that the Junior Warrant Officer, Sethamadhavan had cleared his promotional examination in March, 1971 and had, thus, been considered senior to him. Still further, vide letter dated March 18, 1981, a copy of which is on record as Annexure P/12 with the writ petition, he was informed that his date of acting promotion to the rank of Junior Warrant Officer has been changed from Feb. 21, 1977 to Sept. 5, 1977. The date of substantative promotion was fixed as Nov. 1, 1979. The petitioner complains that this action of the respondents was violative of the principles of natural justice inasmuch as no opportunity whatsoever had been given to him to represent against the proposal of change the date of promotion. He, consequently, prays that these orders be quashed.