Chief Justice

In this petition under Article 226 of the Constitution, petitioner No.1 a Major in the Engineering Regiment of the Indian Army, has challenged the communication dated 8th December 2010 of Joint Director MS/Premature Retirement for Military Secretary (Exhibit “A” to the petition) informing petitioner No.1 that the application of petitioner No.1 for resignation from Army service has been rejected by the competent authority.

2. The Petitioners’ case is that petitioner No.1 obtained a degree in Civil Engineering in first class from the Maharashtra Institute of Technology, Pune in June 2005 and immediately thereafter petitioner No.1 joined the Indian Military Academy and underwent training from 11th July 2005 to 10th June 2006 at the said Academy at Dehradun. Upon completion of the training, petitioner No.1 was commissioned in the same regiment, 109 RAPID (Strike) Engineer Regiment which was commanded by his father Col. (Retd) M.B. Sayankar in 1990-92. On 1st July 2006, petitioner No.1 was granted substantive promotion to the rank of Captain. Petitioner No.1 was promoted as Acting Major on 26th July 2009 and is presently rendering his services as Major in Jammu