OA No. 28 of 2011. Case: 17. Sub (Now Nb Sub) (GD) Rajbir Vs Union of India & Ors.. Armed Forces Tribunal
| Case Number | OA No. 28 of 2011 |
| Counsel | For Appellant: Mr. S.S. Pandey, Advocate and For Respondents: Mr. Ankur Chibber, Advocate |
| Judges | A.K. Mathur, J. (Chairperson) and Lt. Gen. M.L. Naidu, Member |
| Issue | Service Law |
| Judgement Date | February 01, 2013 |
| Court | Armed Forces Tribunal |
Judgment:
(Principal Bench at New Delhi)
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The petitioner vide this petition has prayed to quash the orders dated 13.09.2010 by which the petitioner has been ordered to be discharged from service as well as order dated 24.12.2010 by which the promotion of the petitioner has been cancelled alongwith order dated 27.12.2010 issued by respondent No. 3 calling upon the petitioner to retire from service with effect from 31.01.2011 with further directions to allow the petitioner to serve in his promoted rank as per the existing instructions of the respondents by granting him such promotion with effect from 01.12.2009. The petitioner has also prayed to quash the policy instructions of the respondents issued vide letter dated 20.09.2008 which permits the respondents to cancel the enhancement of service on the ground of placement of a person in low medical category and issuance of discharge order in this respect without show cause notice and without obtaining the opinion of the invaliding medical board. The petitioner was enrolled in the Army on 07.06.1983 and became Nb Subedar on 01.04.2008. On 06.07.2008, the petitioner was performing the duties of Road Opening Party in the field area and developed some back problem. During July to August 2008, the petitioner was considered for grant of two years extension based on the policy of respondents and was granted extension with effect from 07.06.2009 to 06.06.2011 after having been found fit in all respects for such extension. During April 2009, the old back problem of the petitioner resurfaced. The petitioner was admitted to MH Udhampur from 06.07.2009 to 25.07.2009 for such low back problem. During 05.09.2009 to 26.11.2009, the petitioner was again admitted to MH Ambala for the same problem. On 24.11.2009, due to hospitalisation of the petitioner, he was downgraded to the temporary medical category (P-3). On 01.12.2009, the petitioner having been completed all requisite promotion criteria was due for his promotion based on his seniority after vacancy for such promotion arose consequent to the retirement of Sub Umed Singh. However, the petitioner was not promoted to the post of Subedar as per his turn. The petitioner again admitted in the hospital on 16.08.2010 for the purpose of review of his medical category and his category was upgraded to P-2(P) category.
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That the respondent No. 3 issued a discharge order dated 13.09.2010 in respect of the petitioner which appears to be back dated as the...
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