OA 2520 of 2012. Case: Anil Kumar Vs Union of India. Armed Forces Tribunal

Case Number:OA 2520 of 2012
Party Name:Anil Kumar Vs Union of India
Counsel:For Appellant: Rajinder Kumar, Advocate and For Respondents: Sangeeta Dubey, CGC
Judges:Prakash Krishna, J. (Member (J)) and Naresh Verma, Member (Ad.)
Issue:Service Law
Judgement Date:April 24, 2014
Court:Armed Forces Tribunal
 
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Order:

  1. By filing this petition, the petitioner has prayed for the following reliefs:-

    (a) that his seniority be restored at the level which was before he was directed to undergo course at College of Material Management, Jabalpur which he had already cleared prior to his transfer to Armoured Corp.

    (b) that he be declared to have cleared all promotion cadres from the date junior to him were made to clear and thus promoted.

    (c) that he be promoted to the rank of Naib Risaldar from the date NCOs junior to him were promoted with all consequential benefits such as pay, seniority and other benefits attached to the promotion.

  2. Shorn of un-necessary details, the facts leading to the instant petition are that the petitioner was enrolled in the Army (Corps of Bombay Engineering Group (for short BEG) as Store Keeper Technical (SKT) on 28th November 1986 and subsequently transferred to Armoured Corps on 21st September, 1992 after completion of five years and 10 months' service. During service in Corps of Engineers, he attended the mandatory technical trade training and was upgraded to Store Keeper Technical Class-II (Group 'B') on 11 April 1991. It is alleged that on his transfer to Armoured Corps, he was again deputed to attend a long course for initial training (Store keeper) for a period of 08 months, although he had already attended the same while serving in Bombay Engineering Group. On account of this derailment, he lost his chance to appear for mandatory promotion cadres held during the period while undergoing that course and was consequently superseded for promotion to the rank of Lance Dafadar till he was promoted on 01 July, 1994. Due to the aforesaid reasons, he was further superseded for promotion to the rank of Dafadar though he claims to have fulfilled the criteria laid down for promotion to this rank. It is further alleged that when he was to come for promotion for the rank of Naib Risaldar of by 10 December, 2011, he became ineligible being overage. According to him, this entirely happened on account of supersession effected due to the fact that the Officer In charge Records failed in his duties to properly scrutinise his IAFD 958 before deputing him for the course at Jabalpur when he had already undergone this course. Therefore, the DFRs junior to him namely Anand Kumar Puranik, Padam Chand, Madhu Sudan Rathore and Manohar PD and nine others had already been promoted to the rank of Naib Risaldar and put on seniority roster for promotion. The petitioner brought the fact regarding injustice done to him to the notice of his Unit Commandant, who vide his DO letter dated 5th August 2011 took up the matter with the Armoured Corps Record by making strong recommendations for relaxation in age for promotion by one year. The Armoured Corps Records declined the aforesaid recommendations of the Unit Commandant vide letter dated 19-08-2011.

  3. (Annexure P-4) on the Ground that age/service limit is waived only in very exceptional circumstances in view of the para 2 (a) to (c) of Integrated HQ, MOD (Army) letter No. 92209/AG/PS-2 (c) dated 19-01-1962 and B/33513/AG/PS-2 (c) dated 18-11-2005. It is further stated that as per present seniority and vacancy position, the NCO was likely to come up for promotion during August 2012 The NCO was otherwise qualified and eligible for promotion to Naib Risaldar.. However, he would be overage for promotion w.e.f. 10-11-2011. Thereafter the petitioner made a statutory complaint dated 2 January 2012 (Annexure A-6) as well...

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