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2025 Supreme(Raj) 1154

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI, HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
Lt. Col. Eklavya Tak S/o Dr. P.c. Tak – Appellant
Versus
Union Of India, Through The Secretary, Ministry Of Defence, New Delhi. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kuldeep Kumar Shah
For the Respondent: Mr. Mukesh Rajpurohit, Dy.S.G. assisted by Mr. Uttam Singh Rajpurohit.

Judgment :

Pushpendra Singh Bhati, J:

1. By way of this Special Appeal under Rule 134 of the Rajasthan High Court Rules, 1952 read with Article 225 of the Constitution of India, the appellant (writ petitioner) lays a challenge to the judgment dated 26.02.2020 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.1010/2019, dismissing the writ petition preferred by the appellant (writ petitioner).

2. Briefly put, the facts of the case are that the appellant was commissioned on 01.03.2006 as Short Service Commissioned officer (SSCO) in the Army Dental Corps (AD Corps). The said appointment of the appellant, as SSCO, was initially for a period of five years, extendable by further five years, followed by last extension of four years, i.e. total service tenure of 14 years.

2.1. The appellant was granted two extensions, and was continuing till passing of the impugned order and his term was to expire in the year 2020.

2.2. As per the Army Manual, amended from time to time, three opportunities, by way of a Departmental Examination for grant of Permanent Commission to an SSCO, were prescribed.

2.3. Being desirous and willing for grant of Permanent Commission, the

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