UNION OF INDIA Vs. KAPIL DEV

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dtd. 23/3/2021 delivered by the learned Single Judge in SWP No.161/2018, whereby the learned Single Judge while allowing the writ petition directed the writ respondents, appellants herein, to pass order of promotion of writ petitioner to the rank of Deputy Commandant after giving relaxation in terms of Para 4.17 of Standing Order No.4 of 2008.

(2.) Heard learned counsel appearing for the parties, considered their rival contentions and also perused the appeal file.

(3.) Admittedly, the appellants-writ respondents rejected the claim of writ petitioner for grant of senior time scale on the ground that the injury, because of which the writ petitioner has been placed in low medical category, has occurred while not being on active duty in view of Para 4.17 of the Standing Order No.4 of 2008. In terms of Para 4.17 of the Standing Order No.4 of 2008, relaxation for S1H1A1P1E2 medical category for promotion is admissible only to those personnel, who are kept in low medical category due to wound/injury during field firing/accidental firing/explosion of mines or explosive devises or due to accident while on active government duty in India or abroad.