UNION OF INDIA (UOI) Vs. NARINDER PAL SINGH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of learned Single Judge dated 22.03.2004 passed in SWP No. 897/2003. While disposing of the writ petition the learned Single Judge directed the respondents to grant promotion to the writ petitioner as Assistant Commandant with effect from 11.09.2001 when the private respondent was promoted.

(2.) In order to appreciate the controversy involved in the present appeal, certain facts are required to be noticed. The writ-petitioner-respondent was recruited as Sub Inspector on 21.11.1984 and was promoted as Inspector on 25.09.1990. On the basis of his seniority, he became eligible for promotion as Assistant Commandant in the year 1996. He was not promoted and the reason indicated was that he had not undergone the mandatory Platoon Weapon Course and Company Commander course, which was essential condition for making such promotion. Writ petitioner was sent on deputation to Special protection Group, New Delhi and request was made for relieving him for undergoing the said training course, which was declined by the borrowing department. Various Departmental Promotion Committees were constituted but the petitioner's case was not considered due to the fact that he had not undergone the special training course. In the meanwhile the private respondent R. S. Yadav, who was junior to the petitioner, was promoted as Assistant Commandant on 11.09.2001. The writ petitioner was finally promoted as Assistant Commandant on 28.06.2002.

(3.) The grievance set out by the writ petitioner was that despite being eligible and senior he was not deputed for the mandatory training course as a result of which he could not attain the eligibility for being promoted to the higher post. The fault lies with the respondents in this behalf as they were required to depute him for undergoing the necessary training course.