R.S. Mongia, J. - (1.) The petitioner was enrolled as Clerk (General Duties) in the Indian Army on 13th October, 1952. He was promoted to the rank of Naib Subedar with effect from 1st July, 1969, with ante-dated seniority from 1st July, 1967 . According to the petitioner, as per Army instructions, a Non- Commissioned or Junior Commissioned Officer with 10 years' service and Matriculation as qualification, was eligible to be selected for permanent commission (Special List) through Services Selection Board. He was not selected for permanent commission (Special List) Quartermaster. According to him, be was not considered for permanent commission (Special List) as Record Officer, though he had applied both for Quartermaster and Record Officer. The non-selection of the petitioner for permanent commission (Special List) as Quartermaster and his non-consideration for permanent commission as Record Officer, led him to file C.W.P. No. 141 of 1974, which was dismissed on 7th October, 1982 (Copy Annexure R-1 with the written statement). The learned Judge had noticed the stand of the respondents to the effect that the petitioner had qualified only at the initial Selection Board, i.e. Services Selection Board against the vacancies of the year 1967 and that too for the appointment of Quartermaster only. However, he was not selected for the grant of permanent commission (Special List) as Quartermaster by the Final Selection Board at the Army Headquarters as he had neither the requisite experience for the appointment nor he had qualified in the Quartermaster's course. As far as consideration for permanent commission as Record Officer was concerned, it was noticed that the petitioner had in the personal information form only filled in his choice for Quartermaster only and not for Record Officer.
(2.) The petitioner, however, persisted with representation to the respondents that in fact the respondents' factual stand was wrong, inasmuch as he had the requisite experience and had in fact applied for both Quartermaster as well as Record Officer. The petitioner was discharged from the Military service in the year 1978. Even after discharge from the Army, he went on making representations to the respondents to reconsider the matter and redress his grievance. One such representation, dated 4th July, 1990 was addressed to the Chief of the Army Staff. Since, according to the petitioner, the representation had not beep decided, he filed another writ petition in this Court, being C.W.P. No. 14490, which came for hearing before a Division Bench on 13th December, 1990. After noticing the fact that the petitioner's earlier writ petition had been dismissed in the year 1982, the Division Bench disposed of the writ petition by giving the following directions:- "The respondent-Union of India (Central Government through Minister of Finance) is directed to examine the representation dated 4.7.90 in accordance with the Army regulations and decide the same by passing detailed speaking order after hearing the petitioner preferably within three months from today. For affording a hearing to the petitioner, a communication shall be sent at his residence H. No. 3175-C, Officers Colony, (Ropar) (Punjab). The writ petition stands disposed of accordingly." Ultimately, the respondents decided the representation of the petitioner and rejected the same vide order dated 23rd April, 1991, copy of which has been attached as Annexure P-4 with this writ petition. The points raised by the petitioner have been dealt with by the respondents as follows:- "The Ex JCO did not have the requisite experience for grant of PC (SL) QM and he was thus rightly rejected by the Final Selection Board for grant of the PC (SL) QM. The Ex JCO, while filing in the personal information form, had applied only for PC(SL) QM and not for PC(SL)RO. As such, he was not eligible to be considered for grant of PC(SL)RO. The facts in case of Capt. (and not Hav. CLK as stated by the Ex JCO Duli Chand Hav/CLK SD Sharma are different from that of the Ex JCO Hav/CLK SD Sharma had applied for grant of PC(SL) RO and not PC(SL)QM. He was, therefore, considered for grant of PC(SL)RO only and found fit for the same by the Final Selection Board. Capt. Dulichand, an Emergency Commissioned Officer, had applied for grant of PC(SL)QM against a vacancy reserved for the Emergency Commissioned Officers. Capt Dulichand was, thus, selected for grant of PC(SL)QM and being found fit by the Final Selection Board." Before me, the petitioner was appearing in person and to get better assistance in the matter, I asked Mrs. Daya Chaudhary, Advocate, to assist this Court, who readily agreed and argued the case on behalf of the petitioner.
(3.) The learned counsel for the petitioner argued that it is factually wrong to say that the petitioner did not have requisite experience for the grant of permanent commission as Quartermaster, inasmuch as it is apparent from the record of the case that the petitioner had the requisite experience, inasmuch as in the year 1967, the petitioner had about 14 years' service. She referred to Annexure P-2, which is a letter from the ASC, Centre (South) Bangalore to ASC, Records (Supply) Bangalore, in which it has been mentioned as under:- "The above NCO has served in supply units and training centres for more than 14 years and has acquired considerable experience including 'Q' duties. He is smart, well disciplined hard working and dependable. I, therefore, strongly recommend his remustering as HAV/CLK (S), in the existing vacancy as a special case. NCO Clerk (GD) No. 6631101 Hav. Harnek Singh who is quite anxious and over ambitious to get himself transferred to the store side. He has been employed in this Unit since his posting and has been doing very well as 'Q' clerk. He has got the requisite qualifications for transfer to store side.";