M.R. Agnihotri, J. - (1.) The Petitioner, who is a Subedar in the Army, has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution, for his promotion to the next rank of Subedar Major (Clerk) with effect from 31st August, 1985 (Annexure P.4), 24th October, 1985 'Annexure P.5' and 30th April 1987 (Annexure P.6), whereby he was not recommended for promotion by the Promotion Board, on the ground that he had already availed the three chances provided under the Army rules and regulations, and the statutory complaints filed by him were rejected by the Chief of the Army Staff and the Ministry of Defence, Government of India, respectively.
(2.) Admittedly, the petitioner joined the Corps of Engineers, Indian Army, on 14th November, 1962, in the clerical trade and was promoted to the ranks of Naik in 1966, Havildar in 1969, Naib Subedar in 1975 and Subedar in 1971-a non-Commissioned/ Junior Commissioned officer. On 2nd December, 1982, he has promoted from the rank of Subedar to that of Subedar Major and he assumed his duties under the Garrison Engineer, Chandimandir. While be was serving as such, holding the rank of Subedar Major, his posting and promotion order was cancelled on 28th April, 1983 (Annexure P3), without assigning any reason and without issuing any notice or affording an opportunity to the petitioner.
(3.) In the meantime, on 9th April, 1983, the petitioner, exercising his option under para 50-A of the promotion policy, applied for deferment of his promotion till 31st August, 1985. According to the aforesaid provision, promotions to the rank of Subedar Major were to be deferred at the request of the Subedars upto the period requested by them and they were to be considered for the promotion only after the expiry of the deferment period. However either due to some lack of communication or inadvertence, the name of the petitioner was again included for being screened by the Promotion Board in June/September, 1984, and the Board did not recommend him for promotion. It was further recorded by the Board that as the petitioner had already availed three chances, that is, in June/August/October 1982, March/July 1983 and June/September 1984, he was not to be considered for promotion in future. Since this consideration of the petitioner's case was contrary to the promotion policy and the option of deferment exercised by him, the petitioner submitted a statutory complaint to the Chief of the Army Staff on 4th April, 1985, but the same was rejected without disclosing any reason. The second statutory complaint submitted by the petitioner on 4th April, 1986, was also rejected by the Government of India, Ministry of Defence on 30th April, 1987-that too without disclosing any reason. These decisions have been challenged by the petitioner on the ground that as the period of deferment of promotion in the case of the petitioner had not expired, he could not be considered and rejected for promotion and, therefore, he has wrongly been deprived of his third chance of consideration.;