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| HC allows UOI appeal | | | Early Times Report
Jammu, June 2: A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Dr. Aftab H Saikia and Justice Sunil Hali today allowed an appeal filed by the Union of India against a single bench judgement ordering promotion to the petitioner. The appeal was filed by Union of India and ors against the judgment of Single Judge dated March 22, 2004 whereby the writ court directed the respondents to grant promotion to the petitioner/ respondent Narinder Pal Singh as Assistant Commandant with effect from September 11, 2001 when the private respondent was promoted.
After hearing KK Pangotra ASGI representing Union of India and Mrs Surinder Kour Advocate representing the the respondents , the court set aside the impugned judgment and remand the matter to the writ court with a request to hear parties a fresh on the issue of eligibility. It is expected that the matter will be disposed of by the Single Judge within a period of two months. The petitioner was recruited as Sub-Inspector on November 21, 1984 and was promoted as Inspector on September 25, 1990.On the basis of his seniority, he become eligible for promotion as Assistant Commandant in the year 1996. He was not promoted and the reasons indicated were that he had not under gone the mandatory platoon weapon course and company commander course, which was a pre requisite to such promotion. The petitioner was sent on deputation to Special Protection Group New-Delhi and request was made for relieving him for undergoing the said training Course which was declined by the borrowing dept. Various departmental committee were constituted but the petitioner's case was not considered due to the fact that he had not undergone the Special Training Course. In the meanwhile one Mr. RS Yadav, who was junior to the petitioner, was promoted as Assistant Commandant on September 11, 2001. The petitioner was finally promoted as Assistant Commandant on June 28, 2002. the grievances set-out by the petitioner was that despite being eligible and senior he was not deputed for the mandatory training course as a result of which he could not attain the eligibility for being promoted to the higher post.
The fault lies with the respondents in this behalf as they were required to depute him for undergoing the necessary training course. The petitioner filed a petition in the High Court, the Single Judge has allowed the petition. Aggrived by this judgment Union of India filed present appeal which decided and the Division Bench set-aside the judgment of Single and remand the matter to the writ Court to hear the parties a fresh on the issue of eligibility. (JNF) |
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