KATTI GOPAL REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) -In this writ application the petitioner has prayed for quashing the order dated 11.1.94 as contained in annexure 7 by reason of which statutory complaint of the petitioner under Section 27 of the Army Act, 1950 has been rejected. A prayer has also been made to direct the respondents to re-consider the case of the petitioner for promotion.

(2.) That facts of the case lies in a narrow compass: The petitioner joined as Second Lieutenant in the Corps of Signals in the year, 1963 and got commission in the Army Service Corps. Subsequently he was promoted to the post of Major on 21.8.82 and in 1988 to the post of Lt. Col. In 1971 he was assigned the duties for war time operations. He also served in Jammu & Kashmir during the years 1975-77. He imparted training as Instructor in lank Transporter Officers course and commanded different three units as independent charge including the present one as Commanding Officer. The petitioner was bestowed with some laurels and earned good annual confidential remarks. During the years, 1984-85 to 1988-89 'close appraisal system' was held and the remarks awarded in grading were not informed to any one. In October, 1990 he was intimated that his case was considered as a fresh case and was not found in an acceptable grade. Petitioner's non-statutory complaint against the said order was rejected on 20.6.91 and in November, 1991 his case was again considered for promotion and ultimately in November, 1992 as final review, petitioner's case was considered for promotion but without any result.

(3.) By order dated 3.5.1993 the petitioner was informed that as his case was considered thrice, he is no longer eligible for further consideration under the existing rules. Being aggrieved, the petitioner submitted statutory complaint stating his history regarding service career in detail but by order dated 11.1.94 the same was rejected.