REGENT COMPUTRONICS PVT. LTD.

Ram Bahadur Sunar Appellant

V/S

The Union of India and Ors. Respondents

Referred Judgements :-

M PENTIAH VS. MUDDALA VEERAMALLAPPA [REFERRED TO]
K L GUPTE PADAMAKAR BALKRISHNA SAMANT INDIA FARMERS PRIVATE LIMITED BOMBAY LAXMISINGH UDITSINGH VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED TO]
SURESH KOSHY GEORGE VS. UNIVERSITY OF KERALA [REFERRED TO]
B SHANKAR RAO BADAMI VS. STATE OF MYSORE [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
D F O SOUTH KHERI VS. RAM SANEHI SINGH [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
DINESH CHANDRA SANGMA VS. STATE OF ASSAM [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED TO]
S P JAIN VS. KRISHNA MOHAN GUPTA [REFERRED TO]
RESERVE BANK OF INDIA UNION OF INDIA PEERLESS GENERAL FINANCE AND INVEST MENT CO LIMITED STATE OF WEST BENGAL VS. MENT COMPANY LIMITED:PEERLESS GENERAL FINANCE AND INVEST MENT COMPANY LIMITED:RESERVE BANK OF INDIA:PEERLESS GENERAL FINANCE AND INVEST MENF COMPANY LIMITED [REFERRED TO]
TINSUKHIA ELECTRIC SUPPLY COMPANY LIMITED VS. STATE OF ASSAM [REFERRED TO]
PUNJAB LAND DEVELOPMENT AND RECLAMATION CORPORATION LIMITED CHANDIGARH DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AMRAVATI REGIONAL MANAGER WEST ZONE NOW KNOWN AS KANPUR REGION BANK OF BARODA REGIONAL OFFICE LUCKNOW VS. PRESIDING OFFICER LABOUR COURT CHANDIGARH:CHANDRASHEKHAR MARIBHAU DESHMUKH :SECRETARY U P BANK EMPLOYEES UNION C O BANK OF BARODA LATOUCHE ROAD KANPUR :LABOUR COURT RANCHI:NAMDEO:SECRETA [REFERRED TO]
STATE OF MAHARASHTRA VS. SANTOSH SHANKAR ACHARYA [REFERRED TO]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
UNION OF INDIA VS. RAJIV KUMAR [REFERRED TO]
BALRAM KUMAWAT VS. UNION OF INDIA [REFERRED TO]
MARUTI UDYOG LTD VS. RAM LAL [REFERRED TO]
PRATAP SINGH VS. STATE OF JHAKHAND [REFERRED TO]
DILIP S DAHANUKAR VS. KOTAK MAHINDRA CO LTD [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. QIMAT RAI GUPTA [REFERRED TO]
UCO BANK VS. RAJINDER LAL CAPOOR [REFERRED TO]
SECRETARY MINISTRY OF DEFENCE VS. DAMODARAN A V [REFERRED TO]
H S VANKANI VS. STATE OF GUJARAT [REFERRED TO]
GRID CORPORATION OF ORISSA LTD VS. EASTERN METALS AND FERRO ALLOYS [REFERRED TO]
STATE OF GUJARAT VS. HON’BLE MR. JUSTICE R.A.MEHTA [REFERRED TO]

JUDGEMENT

(1.) Heard Mr. H.G. Baruah, learned counsel for the petitioner and Mr. R Deb Nath, learned CGC appearing for the respondents.

(2.) By this writ petition, the petitioner is approaching this Court for a judicious decision of his case. The matter in disputes between the parties is as to the procedure of regaining medical category of the petitioner as Shape-1 w.e.f. 24.10.2013. The parties stated that "Health Care System in Central Para-Military Forces" containing the instructions for medical examination and classification of personnel serving in the CPMF was issued vide MHA U.O. No. I.45024/3/2004-Pers-II dated 31.07.2007. The matter in issue in the present writ petition is to be decided on the basis of the said MHA U.O.; it will be more profitable to quote the relevant portions of the said MHA U.O. hereunder:-

(3.) Under Para 4.13 of the said MHA U.O., the medical category SHAPE-I will be an essential condition for promotion of all combatised personnel in all groups/ranks/cadres in the CPMFs. As and when they regain their SHAPE-I medical category, they shall be promoted as per the recommendation of the DPC. But they will not be entitled to back wages. However, they will regain their seniority. The petitioner was commissioned as Assistant Commandant w.e.f. 19.03.2007. The Govt. of India, Ministry of Defence vide letter No. A/45101/VCC/AD-10/MS(X) dated 14.01.2010 awarded "Chief of Army Staff Commendation Card" on the occasion of Army Day 2010. The petitioner passed the promotion examination Part 'X' in the month of February, 2010. The petitioner also had successfully attended "Junior Command Course" held at Army War College Mhow from 18.07.2011 to 24.09.2011 and also participated in the "Tractics-40 Courses" organized at Sardar Vallabbhai Patel National Police Academy, Hyderabad from 03.06.2013 to 14.06.2013. The petitioner also passed promotion examination Part 'Y' and 'Z'.

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RAM BAHADUR SUNAR Vs. THE UNION OF INDIA AND ORS.

Referred Judgements :-

JUDGEMENT

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