ABHIRAM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was commissioned in the Army Medical Corps under Short Service Commission (here -in -after referred to as the Commission) and appointed as Medical Officer on 27th of March92, for a period of five years at the first instance. The age of the petitioner at the relevant time was 33 years 10 months. Thereafter the petitioner was granted permanent commission on 20th of Jan98, at the age of 39 years 2 months. The petitioner was accorded the status of graded Specialist on 1st of June 94 and then Classified Specialist in Medicine on 1st of June 99 respectively. The petitioner having joined the Commission at a later stage has no chance of promotion to the first selection i.e. to the rank of Colonel in the Army Medical Corps. Petitioner moved an application dt. 15th of April 2000, before the respondents seeking resignation from the army on the ground of non availability of promotional prospects and ineligibility to acquire technical skill. The said application has been rejected by respondent No.2 vide order impugned dated 4th of Sept. 2000. It is this order which has been impugned in the present writ petition.

(2.) PETITIONER has made following substantive prayers in this petition: - -

(3.) ON notice, respondents have taken a preliminary objection that the present writ petition is not maintainable as the petitioner has filed a statutory complaint under Section 27 read with Defence Service Regulation Para 364, which is pending for consideration before respondents. On merit, it was pleaded that an officer seeking a career in armed forces is aware of his career prospects at the time of his entry into service and as such, it would not be in the interest of service to allow the officer to seek resignation on this ground. It is stated that the petitioners request for resignation was examined under para 2(f) of the Policy letter MOD/D (Pens/Serv) letter No.8(5)/78D(MS)/D(Pens/Ser) dated 20th of Jan 79, and the same has been rejected keeping in view the manpower and operational requirement of the service.