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2023 Supreme(Del) 2711

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Col Rajeev Negi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Pradeep Kumar Mathur, Advocate with petitioner in person, for the Petitioner.
Mr. Harish Vaidyanathan Shankar, Central Government Standing Counsel, Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat & Mr. Alexander Mathai Paikaday, Advocates with Maj. Piyush Thakran (Retd.), for the Respondent.

JUDGMENT

Suresh Kumar Kait, J.

1. By this petition, petitioner is seeking a direction to the respondents to correct his seniority vis-a-vis respondents No.5 & 6 in view of Para- 2 to OM No. 21(4)/92/D (inspection) dated 22.12.1993 and Para- 22 of letter No. 04477/MS Policy dated 21.12.2004 issued by MS Branch. In addition, a direction is also sought to respondents to consider and promote petitioner w.e.f. 01.05.2012 to the rank of Brigadier being the senior most officer of the rank of Colonel in Electronic Discipline, with all consequential benefits. Further, a direction to re-fix inter-se seniority of all officers permanently seconded in DGQA after 2004, especially of those 16 officers mentioned in letter dated 27.04.2011 is also sought.

2. Petitioner claims to have joined Indian Army in the year 1988, though he was assigned two years anti-dated seniority of 1986 Batch in the rank of Second Lieutenant at the time of his joining. Petitioner further claims to have cleared Part `D' Exam in 1999 and became Substantive Major and his seniority for promotion was fixed with 1988 Batch Officers. He was considered for promotion from Major to Lieutenant Colonel in the year 2004 but was not

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