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Cont. Cas. (C) No.116 of 2009 06.04.2010
EX-SEPOY DEV RAJ …...Petitioner
Through: Mr. P.K. Aggarwal & Mr. V.S. Tomar, Advocates.
Through: Mr. Sachin Datta & Mr. Manikya Khanna, Advs. for UOI with Captain Rahul Soni.
Date of Reserve: 9th March, 2010
Date of Order: 6th April, 2010 JUSTICE SHIV NARAYAN DHINGRA
JUDGMENT
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. By this contempt petition, the petitioner has alleged that the order of this court passed in W.P. (C) No.2338 of 1992 has not been complied with. The operative part of the order reads as under:-
2. Vide another order dated 27th February, 2008, the Division Bench clarified the order in following terms:- 2010:DHC:1882 C.C.P. No.116/2009 Page No.2 of 3 “In para 10 we have categorically directed that as the said order is rendered non est, the consequence would be that the petitioner is to be treated as reinstated from the date of discharge, i.e., 30.6.1992 and is also entitled to consequential benefits. Effect of that would be to consider the case of the petitioner for further promotions and if after consideration of this case he becomes entitled to promotion, he would get further extensions as well.”
3. Notice of this contempt petition was served upon the respondents and respondents informed that as a consequence of above order, the proceedings initiated against the petitioner were dropped and vide order dated 21st May, 2009 sanction was accorded to reinstate the petitioner not only in service with effect from 30th June, 1991, it was also decided to grant him a deemed promotion to the rank of Niak (time scale) and he was paid all retiral benefits as Acting Niak (time scale).
4. The petitioner did not dispute this position, however, it is contended by the petitioner that though the petitioner was promoted to the rank of Niak but he was retired from service on 31st March, 1995 while he was entitled to continue in the service till the year 2000 in terms of para 134 of the Army Regulations Volume I. He also contended that no Board was constituted to consider whether the petitioner was entitled to any further promotion.
5. To this contention, it was submitted by the respondents that the petitioner was not eligible for promotion to the rank of Niak and this is the reason that he was not promoted to the regular post of Niak but was given promotion to the rank of Niak (time scale). He was reinstated with effect from 30th June, 1991 and promotion to the rank of Niak (time scale) was given to him on 1st April, 1994. He was retired on 31st March, 1995 from the rank of Niak (time scale). It was submitted that deemed promotion of the petitioner to C.C.P. No.116/2009 Page No.3 of 3 Niak (time scale) did not entitle the petitioner to increased term of service. The respondents relied upon following rules and regulations in support of this:- “(a) AG’s Branch, Army HQ letter No.91844/SCR/AG/PS[2] (c) dt. 10th Oct., 1984. (b) Para 134 (a) (i) of Regulations for the Army (Revised Edition) 1987.
(c) Govt. Sanction letter No.PC-79100/1476/Q/ST-
(d) JAG’s Deptt’s Note 95 dt. 26th
6. Considering the fact that the petitioner was given necessary promotion to the rank of Niak (time scale) with pensionary benefits, I consider that no contempt was made out. The petitioner was governed by service conditions of the Army and in view of the rules and regulations, the petitioner could not have been granted regular promotion of Niak and that is why he was granted promotion as Niak (time scale).
7. I find no merits in the contempt petition and the petition is hereby dismissed.
SHIV NARAYAN DHINGRA J. APRIL 06, 2010 ‘AA’