T.A. No. 602 of 2009 and Writ Petition (Civil) No. 2755 of 2008. Case: Baljeet Singh Vs Union of India & Ors.. Armed Forces Tribunal

Case Number:T.A. No. 602 of 2009 and Writ Petition (Civil) No. 2755 of 2008
Party Name:Baljeet Singh Vs Union of India & Ors.
Counsel:For Appellant: Mr. P.D.P. Deo, Advocate and For Respondents: Mr. Anil Gautam, Advocate
Judges:Mr. A.K. Mathur, Chairperson and Lt. Gen. S.S. Dhillon, Member
Issue:Service Law
Judgement Date:May 29, 2012
Court:Armed Forces Tribunal


(Principal Bench At New Delhi)

  1. This writ petition was filed by the petitioner before the Hon'ble Delhi High Court and it was transferred to this Tribunal after its formation. Petitioner vide this petition has prayed to direct the respondents to promote him from Hav to the rank of Nb Sub with all consequential benefits. It is also prayed to quash the policy of the respondents of Inter-se transfer of vacancies amongst different trades and also quash the order dated 18.03.2008 passed by the Chief of the Army Staff intimated to the petitioner vide order dated 20.03.2008.

  2. Petitioner was enrolled in the Indian Army as Sepoy on 10.07.1984 and with passage of time promoted to the rank of Naik in 1994, Hav in 1997 and Nb Sub in 2008. He duly passed the promotion cadre test for the rank of Nb Sub in 2003 but he could not be promoted for the said rank in 2006. He moved an application dated 08.08.2006 to the Commandant, CAMS, Delhi Cantt, duly recommended by his Coy. Cdr. and Commandant himself on 19.08.2006 recommended his case for promotion to the rank of Nb Sub. In his application, petitioner mentioned that two vacancies have been given from SAC to REP Trade vide order dated 05.06.2006. One vacancy was filled vide order dated 31.07.2006 while the other vacancy has to be filled by the promotion of the petitioner because of his being senior most on completion of 23 years of dedicated service record.

  3. It is alleged by the petitioner that his application was forwarded by HQ CAMS vide letter dated 23.08.2006 to the Respondent no. 4, who further replied vide his letter dated 31.08.2006 saying that two vacancies were allotted by the letter of AHQ dated 05.06.2006 and the same have been utilized as one vacancy against surplus and another one was promoted vide letter dated 31.07.2006. These utilization of vacancies by way of letter dated 31.07.2006 is absolutely discriminatory, arbitrary and illegal. There had been some other earlier inter trade transfer of vacancies in the past from SAC to accommodate some persons of REP Trade and that is why two vacancies were taken from SAC for REP Trade.

  4. It is submitted that one Hav Umesh Kumar Singh, senior to the petitioner was promoted to the post of Nb Sub on 01.08.2006 and after promotion of Hav Umesh Kumar Singh, it is the petitioner only who was entitled for promotion. Petitioner came to know that in the year 2003, CAMS had floated a letter to the Dte. Gen of Military (Ops) and requested to...

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