VED PRAKASH Vs. UNION OF INDIA & ORS
LAWS(SC)-2016-12-10
SUPREME COURT OF INDIA
Decided on December 08,2016

VED PRAKASH Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

L.NAGESWARA RAO,J. - (1.) Delay of 13 days in filing the Civil Appeal is condoned. Leave to file Appeal granted.
(2.) The Appellant joined the Indian Navy as a Direct Entry Diploma Holder (D.E.D.H.) with an initial engagement of 10 years as acting Electrical Artificer 4 th Class (EAR-4) on 01.08.2002. In the year 2005, the Appellant suffered an injury while playing Volley Ball due to which he was placed under "Low Medical Category" S2 A2 (PMT). He received intimation on 06.10.2010 that his initial engagement of 10 years would expire on 31.07.2012. As he was in a Low Medical Category S2 A2 (PMT), the application for re-engagement for a further period of 5 years was required to be routed through Headquarters Western Naval Command, Mumbai.
(3.) The Commanding Officer, INS Vindhyagiri, the fifth respondent herein, recommended the Appellant for re-engagement for a period of 5 years to the Flag Officer Commanding-in-Chief, Headquarters Western Naval Command, the third respondent herein on 06.10.2010. In the said letter dated 06.10.2010, the fifth respondent appreciated the services of the Appellant as follows: "Despite joining the ship recently, he has proved to be instrumental in executing critical defect rectifications onboard. The sailor has gained confidence of his superiors to single handedly resolve technical defects. The Sailor, has also been observed to possess a positive attitude towards service, a good military bearing and excellent leadership qualities. The sailor's Training Particulars in his Service document also reflects his professional competence in that he topped the EAR 4 'Q' Board scoring 90% marks. He also attained a Distinction grading during the PO (Leadership) Course. The sailor is worthy of re-engagement in service, and has been observed to posses the will to aspire and grow in service". ;


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