B.S. Chauhan, J. - (1.) The instant petition has been filed for seeking directions to the respondents to allow the petitioner to appear in the examination in the paper of Military Law which he could not pass while appearing in Examination-D for substantive appointment on the post of Major; to count the required period of twenty years from the date of actual appointment and not from the date he has been given ante-dated appointment; and to consider the petitioner for promotion to the higher rank.
(2.) The facts and circumstances giving rise to this case are that petitioner, after completion of Graduation in Engineering in 1974, applied for Short Service Commission. He was selected and after successful completion of training, he was appointed as II/Lieutenant on 21-3-1976. The service conditions of the petitioner are governed by the Special Army Instructions (for short, "S. A. I.") issued by the Competent Authority in the Ministry of Defence from time to time. Petitioner, being technocrat, was granted two years' ante- dated seniority etc. He was granted promotion to the substantive rank of Lieutenant on 19-5- 1976 in terms of S. A. I. I1/S/63. Petitioner was promoted as Captain on 19-5-1980 though he passed Examination-C in 1984. In 1991, he has been given provisional promotion as Acting Major and as he could not pass Examination-D within the stipulated period of twenty years, the respondents are not allowing him to appear in the said examination further and petitioner claims that as he was actually appointed on 21-3-76, he should have been allowed to pass Examination- D up to 21-3-1996 though petitioner had made several attempts and passed all but one paper for Examination-D up to 1994 and he was allowed to appear in the said examination in 1995 but his examination was cancelled. Subsequently, he had been permitted to appear in the said examination in 1997 under the interim order of this Court but the result has not been declared because of the pendency of this petition.
(3.) Though various issues have been raised at the bar but controversy involved herein lies in a very narrow compass, i.e. whether twenty years' period to pass Examination-D is to be counted from his actual appointment, i.e. 21-3-76 or from the ante-dated reckonable period, i.e. 1994? (sic?);