S.S.LALLI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition under article 226 of the Constitution of India read with Section 103 of the Constitution of the Jammu and Kashmir State, it has been prayed that the notice Annexure P/l to the writ petition and the orders Annexures P -2 and P -3 may be quashed and the respondents directed not to remove the petitioner from service by compulsory retirement or compel him to apply for retirement, and allow him to remain in service upto his normal age of retirement, and also to allow him to complete the passing of promotion examination Part D and consider him for promotion to the next higher rank of Major after passing such examination.

(2.) THE petitioner has, inter alia, made the following averments in his petition : -

(3.) AN offrs who fails to qualify in the promotion exam parts B or C/D within the periods specified above will be issued a show cause Notice under AR 13 A for the termination of his services. This notice may be issued any time after announcement of the results of the last promotion exam within the specified service limits (passing of which would have made the offr. eligible fro the substantive rank of Capt/Maj without loss of any seniority. However, if an offr has not been issued a show cause Notice, for not passing Promotion Exam Parts B or C/D until the 11th or 18th years of his reckonable, as the case may be, if an offr passes promotion Exam parts B or C/D after receipt of the show cause notice, but before completion of reckonable service of 13 and 20 years respectively, the Show Couse Notice will be treated as withdrawn.