RADHA KANT DEYASI Vs. CHIEF OF ARMY STAFF
LAWS(DLH)-1983-5-15
HIGH COURT OF DELHI
Decided on May 23,1983

RADHA KANT DEYASI Appellant
VERSUS
CHIEF OF THE ARMY STAFF Respondents


Referred Judgements :-

STATE OF MAHARASHTRA VS. CHANDRAKANT ANANT KULKARNI [REFERRED TO]


JUDGEMENT

Avadh Behari Rohatgi, J. - (1.)This is a case of a Havildar. He was enrolled as a combatant clerk (Store) in the Army Services Corps of the Defence Department under the Chief of the Army staff on 15th February, 1963. He worked diligently in that post. He was promoted on l-6-1968 to the rank of Havildar. From the rank of Havildar the next promotion is to the post of Naib-Subedar. For promotion to the post of Naib-Subedar, the petitioner was considered in April 1978. He was not promoted. He was "superseded" on the ground that he "does not fulfil criteria for promotion in regard to grading in character rolls". This is all that he was told by an order dated 4th August, 1978. He made several representations. against this decision of the army authorities. His case is that he fulfils the criteria for promotion and that the authorities are not applying to him the correct criteria.
(2.)When the petitioner entered the army service in 1964, the rule regarding promotion was the following :
"2. (ii) (a) to (e) : Prior to 16th August 1977 an individual who obtained grading 'B' (Average) and recommended for further promotion in his Annual Confidential Report was eligible for promotion provided he was in medical category 'AYE' and had not incurred any red ink entries during the last one year."

(3.)_The petitioner found his claim on this rule. According to the rule in force prior to 16th August, 1977, the petitioner had obtained grading 'B' that is, 'Average' in all the years right from 1964 to 197/except 1969 when he was awarded 'C' which means 'below average'.
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