MOHAN SINGH Vs. FINANCIAL COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled as Sepoy in the Indian Army on January 21, 1984. He was promoted to the rank of Havildar on October 01, 1995 as per seniority. The terms of engagement as applicable to the petitioner's rank are 24 years. The petitioner is due to retire on January 31, 2008 (Afternoon). As per letter dated May 06, 2003 (Annexure P-2), terms of engagement in respect of Personnel Below Officer Rank (for short 'PBOR') are extendable by two years based on the option exercised by an individual. On August 28, 2004, the petitioner submitted his Unwillingness Certificate to service the extended tenure of two years beyond his term of engagement while forwarding his Last Lap of Posting application. Thereafter on January 04, 2006, the petitioner submitted his Willingness Certificate. Based on his Unwillingness Certificate, screening was carried out by the Screening Board and the petitioner was not considered eligible for grant of extension in service in revocation of his earlier option by the Screening Board in its meeting held on February 14, 2006. The petitioner submitted Statutory Complaint dated February 25, 2007 (Annexure P-10) against the decision taken by the Screening Board on February 14, 2006. The Statutory Complaint was rejected by the Chief of the Army Staff vide his order dated December 26, 2007.

(2.) In this petition, the petitioner has challenged the orders passed by the respondents whereby he has been ordered to be discharged from service with effect from January 31, 2008.

(3.) In the written statement filed by the respondents, it has been pleaded that the petitioner was not found eligible to review his case for extension in service in terms of the letter dated May 06, 2003 (Annexure P-2). It has been further pleaded that the Statutory Complaint of the petitioner has been rejected after due consideration of all the facts and relevant rules. Further that the Willingness Certificate dated January 04, 2006 cannot have the effect of revoking the earlier Unwillingness Certificate dated August 28, 2004. The petitioner had applied for Last Lap Posting on August 24, 2004 and had sought posting at one of his choice stations i.e Lucknow, Dehradun or Haldwani. His case was considered by the competent authority and he was ordered for posting at Dehradun vide letter dated January 10, 2005. It is further averred that since the petitioner had already submitted his unwillingness, he was rightly not considered fit for grant of extension in service by the Screening Board in its meeting held on February 14, 2006. The discharge order dated December 21, 2006 (Annexure P-12) has been rightly issued twelve months in advance of the retirement of the petitioner i.e on January 31, 2008 (Afternoon).