- (1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to consider his name for promotion to the rank of Naib Risaldar for which he was entitled with effect from February 2005, when NCOs junior to him i.e. respondent Nos. 7 and 8 were promoted to the rank of Naib Risaldar with all consequential benefits.
(2.) Brief facts of the case are that on March 17, 1982, the petitioner was enrolled in the Army. After his enrolment in the Army, the petitioner was allocated the trade of Gunner/Driver. He was not only excellent in his profession but also did extremely well in the sports, specially in Basket Ball. In the month of October, 1998, the petitioner while participating in the Brigade Basket Ball tournament suffered injury to his back bone. He was operated in January, 1999 and was placed in medical category CEE (TEMP) for six months. He was again put through the re-categorisation Medical Board in September, 1999 and the medical category continued as BEE (Temp.) for two years. After two years, the petitioner was placed in the medical category BEE (Permanent) with effect from 13.4.2000 due to LVS-SV (OPTD). On 5th April, 2004, the Review Medical Board kept the petitioner in the same category i.e. BEE (Permanent). It has been claimed that the petitioner worked hard to the entire satisfaction of his superiors. However, he was left out at the time of promotion and respondent Nos. 8 to 11 who were junior to him were promoted, despite the fact that the petitioner was placed in low medical category while performing official duty in the organised games, which crippled him.
(3.) In the written statement filed by the respondents, they contested the claim of the petitioner on the ground that the petitioner was awarded 28 days rigorous imprisonment for an offence under Section 63 of the Army Act. Further the case of the petitioner was not of battle casualty as there was no relevancy for this category as far as his claim for promotion is concerned. The case of the petitioner for promotion to the rank of Naib Risaldar was not recommended by Armoured Corps Records and as such he was not promoted.;