UNION OF INDIA AND ORS. versus CAPT. SATENDRA KUMAR

UNION OF INDIA AND ORS. versus CAPT. SATENDRA KUMAR

The period for qualifying Part B promotional examination was already over for the respondent before the amended instructions took effect; therefore, the respondent was not entitled to the benefit of the extension, and the order of retirement was valid.

Parties
Appellant: Union of India and Ors.; Respondent: Capt. Satendra Kumar
Jurisdiction
India
Judgment Date
18 July 2006
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 7.3.2002 in Civil Misc. Writ Petition No. 37551/2001
Outcome
Appeal allowed.
Legal Topics
Promotion in Defence Services, Army Regulations, Retirement From Service, Applicability of Amended Instructions
Service Law Promotion in Defence Services Army Regulations Retirement From Service Applicability of Amended Instructions

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Parties

Union of India and Ors.

Appellant

Capt. Satendra Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dated 7.3.2002 in Civil Misc. Writ Petition No. 37551/2001

Legal Issues

  1. 1 Whether respondent was entitled to benefit of amended Army Instructions extending the time limit for passing Part B promotional examination from 13 years to 20 years.
  2. 2 Whether retirement order based on failure to pass Part B examination within the prescribed time was valid.

Ratio Decidendi

The period for qualifying Part B promotional examination was already over for the respondent before the amended instructions took effect; therefore, the respondent was not entitled to the benefit of the extension, and the order of retirement was valid.

Court Disposition

Appeal allowed.

Orders

  • Order of Allahabad High Court set aside.
  • Respondent not entitled to reinstatement.