M.N. BHARDWAJ, RETIRED ASSISTANT COMMANDANT Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. R Jha, learned counsel for the petitioner and Mr. SC Shyam, learned senior counsel assisted by Mr. B Deb, learned counsel appearing for the respondents.

(2.) IT is an unfortunate case, but the Court cannot grant the prayers sought for in the present writ petition i.e. (i) a direction to the respondents to reinstate the petitioner with all consequential benefits including back wages and (ii) further direction to the respondents to consider the case of the petitioner for promotion to the post of Deputy Commandant from the date his batch mates were promoted in the year 1998 for the reasons in the following paras.

(3.) THE petitioner was initially appointed as a recruit General Duty in Assam Rifles and later on, he was commissioned as Assistant Commandant, Assam Rifles in the year 1991. The petitioner was denied further promotion to the higher post of Deputy Commandant along with his batch mates in the year 1998. By an order issued by Lt. Gen. GK Duggal, Director General, Assam Rifles dated 01.07.2002, the petitioner was made to retire compulsory after attaining the age of 50 years as on