DALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER joined the Indian Army as Sepoy in the year 1978. He was promoted to the rank of Lance Naik in 1983 and thereafter as Naik in the year 1985. In 1992, he was promoted as Hawaldar and continued to work as such. During the year 1998, when the petitioner was due for promotion as Naib Subedar, he was considered not fit to be promoted. He made a non-statutory representation which was turned down resulting into filing of statutory complaint, in accordance with the Rules, which was duly considered and rejected in terms of the impugned order dated 12th January, 2001 (Annexure PA). The reason for rejection assigned in the impugned order is that the assessment of average grading by Initiating Officer and the Reviewing Officer with regard to the confidential report pertaining to the year 1996 is in consonance with the petitioner's overall profile and no interference was warranted. He could not make it to the select panel for promotion to the rank of Naib Subedar due to his overall profile and its comparative evaluation of the Departmental Promotion Committee.

(2.) IT is this action, which has been assailed by the petitioner before this Court. From the counter affidavit, it is clear that the petitioner did not fulfill the eligibility criteria as laid down by the respondents in terms of its circular dated 10th October, 1997 (Annexure R-1), relevant portion of which reads as under: -

(3.) THUS , it is evident that the petitioner's service record has been exceptionally good.