- (1.) The petitioner has invoked the writ jurisdiction of this Court claiming promotion to the post of Risaldar for the reason that juniors to him have been promoted as Risaldar but such promotion has not been granted to the petitioner.
(2.) It is the case of the petitioner that he was enrolled in the Armoured Corp on 8.11.1976 and after successful training he was attested as Sawar. He qualified all the tests and was eligible for being promoted to the rank of Naib Risaldar, but was not promoted, which has led to the filing of the Writ Petition No. 6437 of 2003 before this Court. In the said writ petition, counsel for the respondents made a statement that the case of the petitioner for promotion to the post of Naib Risaldar shall be considered within six weeks. In view of the said statement, the writ petition was disposed of. Consequent to the statement made before this Court, the petitioner was promoted as Naib Risaldar on 16.8.2004 but with effect from 1.10.1999. Prior to 16.8.2004, juniors to the petitioners, namely, respondent Nos. 7 to 12 were promoted as Risaldar. Thus, the petitioner claims that he should have been granted promotion as Risaldar as well.
(3.) In the reply filed on behalf of the respondents, it has been pointed out that the petitioner could not be promoted as he was not meeting the ACR criteria as per Clause (6) (c) of the Army Headquarters letter dated 10.10.1997. As per the said criteria, the petitioner was required to earn two Regiment Reports, whereas he has earned only one Regiment Report in the year 1995. It has also been pointed out that apart from the lack of Regiment Reports, the petitioner was also lacking in the promotion test i.e. Junior Leader Proficiency Test, which is the pre-requisite for promotion to the post of Risaldar. In view of the said fact, it was alleged that the petitioner is not entitled to be promoted as Risaldar from the date his juniors were promoted. It has come on record that as Naib Risaldar, the petitioner attained the age of superannuation on 30.11.2004, but had be been promoted as Risaldar,, he would have got another two years.;