Writ petition challenging denial of detailment to U.N. Peace Keeping Mission for a reduced cadre. Court held panel is annual and promotion rendered petitioner ineligible for subsequent years.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
..... Petitioner
Through: Mr. D.S. Kauntae, Advocate Versus
UNION OF INDIA & ORS .....Respondents Through: Ms. Barkha Babbar and Ms. Dipanjali Tyagi, Advocates with Col. Ramanjit Singh Kampani for respondent-UOI
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
% 16.02.2016
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W.P.(C) 10781/2015
were released by the Integrated Headquarters, Ministry of Defence (Army) in the year 2013-14 and the petitioner was screened by the Board of Officers and was placed at Serial No.23 in the list of selected candidates. Out of the 24 selected candidates, 18 Nb Sub (Nursing Technician) were detailed for U.N. Mission by the Integrated Headquarters, Ministry of Defence (Army) and the remaining selected candidates from Serial Nos.19 to 24 were not detailed to proceed on U.N. Mission due to the expiry of the validity of the panel of selected JCOs/ORs, on 31st March, 2015.
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W.P.(C) 10781/2015
Office’s signal on 25th May, 2015.
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W.P.(C) 10781/2015
could not be detailed due to a delay in de-induction/over stay in U.N. Mission and fresh U.N. Mission Panel for 2015-16, is under process. She refutes the contention of the other side that out of 24 candidates drawn in the Selection List, those at serial nos. 20, 21, 22 & 24 have been sent out of turn and clarifies that the candidates at the above serial nos. were subsequently selected in the List of 18 candidates prepared for detailment in the year 201516 and they were placed at serial nos. 13, 14, 10 and as reserve candidate No.5 respectively whereafter only those upto the selected eleven have been detailed.
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W.P.(C) 10781/2015
perusal of the material on record, we find that the panel for detailment to U.N. Mission is drawn on an annual basis and since there was delay in de-induction/over stay in U.N. Mission, which cannot be attributed to the respondents, the petitioner could not be detailed for U.N. Mission in the year 2014-15. In the succeeding years, the petitioner became ineligible as he had been promoted to the rank of Subedar (NT) in the interregnum. Records Office Instructions (ROI) relied on by the petitioner does not advance his case as promotion to higher rank will relate to the year in question and would not enure to the benefit of the petitioner for the succeeding years as detailment to U.N. Mission is made on an annual basis.
HIMA KOHLI, J
SUNIL GAUR, J
FEBRUARY 16, 2016 s
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W.P.(C) 10781/2015
2 issues framed by the court
Whether a promoted Subedar (NT) could be detailed for a U.N. Mission in the year 2015-16 when no vacancy was released for that rank.
Whether promotion to a higher rank in the intervening period barred the petitioner from detailment to the U.N. Mission in subsequent years.
DEEPAK KUMAR
UNION OF INDIA
DIRECTORATE GENERAL OF MEDICAL SERVICES
HIMA KOHLI
SUNIL GAUR
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
