RAM RAJ Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled in the Army in the Corps of Engineers on May 26, 1982. He got promotions from time to time and at present he holds the rank of Naib Subedar (a J.C.O. Rank). The question involved in this writ petition is regarding the extension of service of the petitioner by two years, to which he would normally be entitled on attaining the rank of Naib Subedar. The extension of two years is due with effect from June 01, 2008 and if the petitioner is given this extension he would continue in service till May 31, 2010.

(2.) The respondents have the policy for giving such extensions which is contained in letter dated September 21, 1998, which has been amended from time to time. The petitioner's case for the grant of extension in service was considered in the light of policy contained in letter dated September 21,1998, and amended vide letter dated November 22, 2005. As the petitioner was granted three days' rigorous imprisonment under Section 39 (b) of the Army Act on August 25, 1984, for overstaying the leave when he was in the lower rank of Sapper, the extension in service by two years was not granted to him.

(3.) It is case of the petitioner that his case for extension of two years in service could not be declined in view of the policy of the respondents as contained in the letter dated June 13, 2007.