Reportable

*

HIGH COURT OF DELHI AT NEW DELHI

+

RFA (OS) No. 51-52/2005

Pronounced on : August 14, 2007

# UNION OF INDIA & ANR.

.....Appellants

!

through :

Ms. Rekha Palli, Advocate

VERSUS

$ SH. H.C. CHANDEL

.....Respondent

!

through : Mr. Jagjit Singh, Advocate

CORAM :-

* THE HON'BLE MR. JUSTICE A.K.SIKRI

THE HON'BLE MS. JUSTICE ARUNA SURESH

(1) Whether reporters of local paper may be

allowed to see the judgment?

(2) To be referred to the reporter or not?

(3) Whether the judgment should be reported

in the Digest ?

ARUNA SURESH, J

1. The present appeal is the outcome of judgment and decree

passed by the learned Single Judge of this Court on

5.11.2001 whereby the suit of the respondent (the plaintiff

in the suit) was decreed with the directions to reinstate the

plaintiff in the service ASC forthwith with consequential

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2007:DHC:912

benefits like salary, wages and allowances etc. The

respondent herein had joined army in the Ranks as a clerk

in the clerical post (General Duty) in March 1991. He was

promoted as 'Naik' in the ranks and his name was also

recommended for higher departmental promotion through

Army Cadet College (in short ACC) to the post of potential

service cadet. The respondent qualified the written

examination and interview in between the year 1986-87

and was appointed as Service Cadet. He was sent for

training to ACC Wing, Indian Military Academy (in short

IMA), Dehradun, where he took training for three and a

half years and on completion of the training, he was sent

for further training to IMA in December 1990. On

successful completion of training, he was appointed as

Second Lieutenant in the regular Army and was

commissioned by the President of India on 14.12.1991.

2. During his training, he was asked to give options of his

service and also the same at SSB interview forms. The

respondent opted for service cadre of the army giving

reasons that he was above 30 years old and had no

technical aptitude for artillery and related fields. However,

he was posted as officer into Fighting Arm, Regiment of

Artillery form instead of posted in service branch as opted

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2007:DHC:912

by him. Reluctantly, the respondent joined the Artillery

School Deolali on 6.1.1992. He continued to send his

representations to the concerned authorities for

considering his transfer to service branch of the army vide

letters dated 5.2.1992, 11.5.1992 and 4.3.1993.

3. When the respondent was making representations for

transfer of his cadre from Arms to Service, he was required

to qualify Young Officers Course which he could not

succeed.

His Commanding Officer favourably

recommended his letter dated 4.3.1993 and further

recommended by the Formation Commander vide

endorsement dated 31.3.1993 for change of cadre of the

respondent from Arms to Service. But no action was taken.

Vide letter dated 21.8.1993, the respondent was asked by

the authorities to submit a detailed case for transfer from

Arms to Service as requested which was duly submitted by

him. In spite of the details provided by the respondent as

well as protests by him for his placement to Platoon

Weapons to the Infantry School, Mhow, his request was

rejected vide letter dated 10.11.1993.

4. The show cause notice dated 23.9.1994 was served upon

the respondent under Army Rule 13A to show cause why he

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should not be removed from service as he had not qualified

examination of Young Officers Course twice within four

years of his service which was duly replied vide letter

dated 7.10.1994. The respondent was asked to resign or

otherwise he would be compulsorily retired vide letter

dated 10.2.19