PADAM SINGH GULIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed for issuance of writ of mandamus commanding respondent No. 4 to relieve the petitioner forthwith so as to enable him to join against the post of Lt. Col. at 21G 527 ASC C/O 56 APO.

(2.) IN brief the facts are that the petitioner came to be Commissioned in the Indian Army in the month of June 1986 and came to be promoted and posted as a Major in 510 ASC Bn. The case of the petitioner is that he performed well in all respects during service career and his superior officers appreciated the dedication and the meritorious services rendered by the petitioner in the Army. Further according to him it is because of hard work, merit and suitability, tile Army Selection Board considered the case of petitioner alongwith other eligible candidates for the post of Lt. Col., and as a result of selection it was conveyed to the petitioner vide Communication No. 03974/ASC/22/MSS dated 11.03.2002 that the Selection Board has considered his case and has promoted him to the rank of acting Lt. Col. as a fresh case of 1987 batch. Pursuant to his selection, another communication No. A/66044/MS -1 4/A dated 21.03.2002, annexed to the petition, was sent informing him that he stands appointed to the post of acting Lt. Col. Vide communication dated 22.3.2002 petitioner was asked to report on 15.4.2002 against the promoted post. The petitioner also received congratulatory letters from his various colleagues. When the petitioner was about to pick up the rank of Lt. Col., he was shocked to find that he was not being relieved by his Commanding Officer namely respondent No. 4. According to the petitioner this was done by respondent No. 4 on account of ulterior motive and malafide consideration and that too on flimsy grounds. The lame excuse put forth by respondent No. 4 was that some criminal proceedings were pending against the petitioner, which appear came to be instituted after the petitioner had been considered and promoted to the rank of acting Lt. Col. The petitioner time and again requested respondent No. 4 to relieve him so as to enable him to pick up the rank of acting Lt. Col., but to the dismay of petitioner, respondent No. 4 took no action in this regard. This is how the petitioner has come to this court seeking a writ in the nature of mandamus directing respondent No. 4 to relieve him so as to enable him to pick up the rank of acting Lt. Col. Further grievance of the petitioner is that he is being denied the pay and allowances of the promoted post with effect from the date he came to be promoted i.e. 15.4.2002.