TA 52 of 2012 (Arising out of OA 119 of 2012). Case: A. Krishna Moorthy Vs Union of India. Armed Forces Tribunal
| Case Number | TA 52 of 2012 (Arising out of OA 119 of 2012) |
| Counsel | For Appellant: K. Ramesh, Advocate and For Respondents: R.N. Sharma, CGC |
| Judges | Vinod Kumar Ahuja, Member (J) and Air Marshal (Retd) Naresh Verma, Member (Ad.) |
| Issue | Constitution of India - Article 14 |
| Judgement Date | May 12, 2014 |
| Court | Armed Forces Tribunal |
Order:
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This case has been received on transfer from the Principal Bench, New Delhi and it has been renumbered as TA 52 of 2012.
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The petitioner has filed the present petition seeking the following relief:-
Issue directions to the respondents to quash the EME Records letter dated 02 February 2012 and direct them to immediately detail the applicant for up-gradation Courses of Class II and I for promotion to the rank of Naib Subedar from Havildar, within 4-6 months keeping his seniority as the prime concern and to promote him, if qualified with his seniority to meet the ends of equity, justice and fair play.
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The case of the petitioner as set up in the present petition is that he was enrolled as a Sepoy in the Army in the Corps of EME on 13-05-1988 and was allotted to the trade of Operator Tube Repair Plant (OTRP). He completed Class-IV in the OTRP vide 3 EME Centre, Bhopal DO Part-II Order dated 06-11-2004. Subsequently he has cleared all the upgrading Classes in the concerned trade. He was promoted to the rank of Havaldar in the trade of OTRP w.e.f. 01-06-2009 vide Order dated 25th May 2009.
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It is alleged that vide letter dated 30th July 2008, the Army Head Quarters abolished two trades i.e. the trade of Operator Tube Repair Plant (OTRP) and that Moulder. All the 117 PBOR working in these two trades at that time were directed to get re-mustered and merged with the existing trade of Operator and Driver (Recovery) B & C. Vehicles. The petitioner attended 52 weeks Class III Training Test from 05 April 2010 to 04 March 2011 and qualified the same. On 05 March 2011 he was again re-mustered in the aforesaid trade of Operator and Driver (Recovery) B & C vehicles. For promotion to the rank of Naib Subdar, the petitioner was required to qualify Class II and Class-1 Tests. According to the existing Army Rules/Instructions, the duration of up-classification Course from Class-III to Class-II is two months while from Class-II to Class-I is one month. The petitioner wanted to qualify both the two tests i.e. Class-II and Class-1 for further promotion to the rank of Naib Subedar. After seeking information under the RTI Act, he submitted a detailed application dated 15-11-2011 to the OIC Records, EME Records, Secunderabad, wherein he requested that his case for promotion to the rank of Naib Subedar be considered and he be detailed for up-classification Class II and I prior to becoming overage. His request was declined by the authority concerned vide letter dated 02-02-2012 on the ground that even if the NCO is detailed for up-classification course out of turn, he will be due for his up-classification Class-II w.e.f. 4th March 2013 i.e. two years after...
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