(1.) The petitioner was enrolled in the Army on 17th October, 1965 and was attested as a Jawan on 24th February, 1967. He was promoted as Naib Subedar w.e.f. 7th July, 1987 and as an acting Subedar Major from 1.2.1993. As per the original terms of the petitioner's appointment and the rank that he was holding, he was required to superannuate on 1st March, 1995. The petitioner, however, taking recourse to Annexure R-2 dated 16th December, 1976, sought an extension in his service up to 52 years or 4 years of service as Subedar Major whichever was earlier. The petitioner was accordingly screened by the Departmental Promotion Committee in its meeting held on 6th September, 1993 to 8th September, 1993 and was held entitled to the extension in service from 1st March, 1995 to 31st January, 1997 on three conditions :-
(2.) Notice of motion was issued in the case and a reply has been filed on behalf of the respondents. It has been pleaded that the petitioner had been granted extension in service up to 31st January, 1997 on the three conditions set out above and as the second condition stood infringed inasmuch that he stood relegated to medical category 'BEE' (permanent) noted above, his discharge was in order.
(3.) Mr. R.K. Joshi, the learned counsel for the petitioner has argued that the petitioner had been granted extension in service in terms of Annexure R-2 and, as such, he should have been allowed to continue in service up to that date. He has also urged that it was evident from the document Annexure P-7 dated 15th December, 1995 that the petitioner was a very active and an efficient soldier and he ought to have been retained in service till the date of his superannuation. Mr. Joshi has also argued that in the light of the government instructions Annexure P-11 dated 29th June, 1996, that an army personnel who had been placed in low medical category was to be offered an alternative or an sheltered appointment until he was due for normal discharge, and as this instruction had also not been complied with, the petitioner should be deemed to have continued in service up to the date of his superannuation i.e. 31st January, 1997.