SURJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner a Naib Subedar working in the Indian Army has been discharged from service under Rule 13(3) Item 1 (ii), - -vide order, dated 11th July, 2008 (Annexure P -4) and his promotion to the rank of Subedar has been withdrawn, - -vide another order, dated 19th September, 2008 (Annexure P -6).

(2.) AGGRIEVED of the aforesaid orders the Petitioner has preferred this writ petition challenging the same and seeking further direction for his reinstatement in service. The brief facts, relevant for the purpose of this petition are being noticed hereunder:

(3.) IT is stated that during the entire service spreading over 27 years and three months the Petitioner served the Army without earning any adverse entry, red or black ink entry, displeasure or warning in respect of his performance or conduct. It is further stated that his work and conduct was also commended by his superiors. According to Petitioner in May, 2008 Petitioner was brought before the Re -categorization Medical Board, which placed him under low medical category (Permanent) for two years. On being placed in low medical category, Petitioner was ordered to be discharged from service with effect from 30th November, 2008 through letter dated 11th July, 2007 (Annexure P -4). This discharge has been ordered in terms of Army Rule 13(3) Item 1 (ii) of Army Rules, 1950. Before the Petitioner could be physically discharged, he received promotion order dated 12th September, 2008, whereby he was promoted as Subedar/SKT (Store Keeper Technical). Immediately, thereafter, Petitioner's promotion came to be cancelled, - -vide letter dated 19th September, 2008 on the ground that he has been placed in low medical category. The Petitioner was finally discharged on 30th November, 2008. He represented against his discharge, - -vide petition dated 5th December, 2008, addressed to Respondent No. 2, which has not been responded to.