OA 554/2010. Case: Sub Major Virendra Singh Vs Union of India and Ors.. Armed Forces Tribunal
| Case Number | OA 554/2010 |
| Counsel | For Appellant: Mr. E.J. Varghese, Advocate and For Respondents: Mr. Anil Gautam, Advocate |
| Judges | A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member |
| Issue | Service Law |
| Judgement Date | April 03, 2013 |
| Court | Armed Forces Tribunal |
Order:
(Principal Bench At New Delhi)
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The petitioner has prayed that appropriate direction may be issued to grant him the Honorary Commission of Lieutenant/Captain on 01.09.1988 i.e. on the date applicant was granted Honorary Rank of Subedar Major with all consequential benefits. The petitioner was enrolled as Havildar on 23.01.1970 and he was discharged from service in the rank of Subedar on 31.08.1997. At the time of his retirement, i.e. on 01.09.1988 the petitioner was granted Honorary rank of Subedar Major. The petitioner was not given the substantive rank, he filed a Writ Petition No. 1860/2001 in Hon'ble High Court of Delhi which was disposed off by the Division Bench of Hon'ble High Court of Delhi on 31.08.2007 to promote the applicant to the rank of Subedar Major with effect from August 1997 and granted all benefits for this post. It was observed that,
what we can do, and what direction should be given effect to, is to grant the rank of Subedar Major to the Petitioner with effect from the date on which the Recommendations of the Departmental Promotion Committee (DPC) held in August 1997 came into effect, assuming in favour of the Petitioner that he had been found suitable for promotion to the rank of Subedar Major by that DPC. We favourably note that the Petitioner had been granted the Honorary Rank of Subedar Major with effect from the date of his retirement, that is, 01.09.1988 on the occasion of Republic Day in 1998 as per letter dated 18.09.2000. The Petitioner will, therefore, be only entitled to pecuniary benefits that would result from his notional promotion to the rank of Subedar Major from the date on which the Recommendations of the DPC held in August, 1997 would be implemented.
Thereafter, the petitioner filed a Writ petition No. 8862/2008 before the Hon'ble High Court of Delhi for grant of Honorary Lieutenant (Lt.) and Captain (Capt). That petition was disposed off by the Division Bench and the Lordship has said,
In our considered view, there is merit in the contention to the extent that the petitioner is entitled to such consideration as per his record of service.
It is, thus, directed that if the respondents have not already considered the petitioner for the honorary rank of a Lieutenant/Captain he should be so considered within a period of three (3) months from today and the decision communicated to the petitioner within a period of one (1) month from today.
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After this Government brought an order dated...
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