JC NO. 3000886L NB SUB L.S.SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein being aggrieved by the Speaking Order No. LS Singh/UPAO-Legal/1126/2019/2454 dtd. 29/1/2020 by which the representation dtd. 30/9/2019 filed by him for upgradation of his ACR grading and/or to ignore the weak points found therein was rejected as devoid of merit, has now approached this Court with this petition under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus and/or certiorari by setting aside the said impugned Speaking Order and for grant of promotion with all consequential benefits thereof.

(2.) Background facts as is seen from the petition and the materials on record is that the petitioner was enrolled in the Assam Rifles on 21/5/1986 as Rifleman (GD). In due course he was promoted to the rank of Naik w.e.f. 2/4/1995 and again, he was further promoted to the rank of Havildar/GD w.e.f. 10/10/1997. On 1/9/2007 he was finally promoted to the rank of Nb Subedar.

(3.) It is an admitted fact of the petitioner that for promotion from the rank of Nb Sub-edar to the rank of Subedar the relevant recruitment rules under the Assam Rifles is based on seniority-cum-merit subject to the fulfil-ment of the following criteria: