OA 164 of 2011. Case: Jagir Singh Vs Union of India. Armed Forces Tribunal

Case NumberOA 164 of 2011
CounselFor Appellant: Mr. Rajeev Anand, Advocate and For Respondents: Mr. Gurpreet Singh, Sr. PC
JudgesVinod Kumar Ahuja, J. (Member (J)) and Lt. Gen. (Retd), N.S. Brar, Member (Ad.)
IssueArmed Forces Tribunal Act 2007 - Section 14
Judgement DateFebruary 25, 2014
CourtArmed Forces Tribunal


(Regional Bench At Chandimandir)

  1. This is an application filed by the petitioner under Section 14 of the Armed Forces Tribunal Act, 2007, hereinafter referred to as said 'Act', for setting aside the order dated 15.06.2009 (Annexure A6) and for direction to the respondents to promote the petitioner to the rank of Havildar along with all consequential financial and pensionary benefits.

  2. Briefly stated the facts of the case are that the petitioner was enrolled in the Indian Army on 19.09.1985 as Gunner (General Duty) and served the Indian Army for a period of 19 years 4 months and 12 days. The petitioner alleged that while on annual leave in the year 2000 he met with an accident, sustained injuries and was admitted for treatment in the Military Hospital, Amritsar. It was alleged that due to the injuries sustained by the petitioner in December, 2000 he was initially placed in temporary low medical category and was granted Low Medical Category 'A2 (Permanent)' in the Medical Board held on 25.06.2003. It was alleged that he learnt about a communication dated 07.07.2004 issued by the Records Office referring to the discharge of all Permanent Low Medical Category Personnel including the petitioner to be struck off strength with effect from 31.12.2004.

  3. The petitioner was a given a show cause notice dated 30.07.2004 as to why he should not be discharged being in Permanent Low Medical Category, which he replied. he was thereafter discharged.

  4. The petitioner alleged that he was serving in the rank of Lance Havildar, a non-commissioned officer. In the month of September, 2004 while he was still in the service of the respondent-department a meeting of Unit Promotion Board was held in the Unit of the petitioner for considering promotions to the rank of Havildar from the rank of Lance Havildar. The petitioner alleged that as per the eligibility criteria and seniority he was in promotion zone and was fulfilling all qualitative requirements for promotion. However, he was not considered by the department though the juniors to the petitioner were promoted. He approached the Battery Commander and was told that a decision had been taken to promote the other non-commissioned officers of the Unit who will serve the Unit for a considerable period of time and even if the applicant is promoted, he will not earn the service pension to the next higher rank as at least 10 months active service in the rank is required in order to earn service pension in...

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