Khem Chand Vs. M.C.D. - Court Judgment

Excerpt:
service law - promotion--eligibility criteria--recruitment rules as pending promulgation, requiring three years of service in the grade for promotion--the candidate cannot seek to be promoted from a date anterior to date of completion of three years. - labour & services disability pension: [vikramajit sen, sanjiv khanna & s.l.bhayana,jj] army act (46 of 1950), section 192 & pension regulations for the army (1961), regulation. 173 claimant was on casual leave sustained injury which contributed to invalidation for military service claim for disability pension held, to claim disability pension by military personnel it requires to be established that the injury or fatality suffered by the concerned claimant bears a causal connection with military service. secondly, if this obligation exists so far as discharge from the armed force on the opinion of a medical board the obligation and responsibility a fortiori exists so far as injuries and fatalities suffered during casual leave are concerned. thirdly, as a natural corollary it is irrelevant whether the concerned personnel was on causal or annual leave at the time or at the place when and where the incident transpired. this is so because it is the causal connection which alone is relevant. fourthly, since travel to and fro the place of posting may not appear to everyone as an incident of military service, a specific provision has been incorporated in the pension regulations to bring such travel within the entitlement for disability pension if an injury is sustained in this duration. fifthly, it cannot be said that each and every injury sustained while availing of casual leave would entitle the victim to claim disability pension. sixthly, provisions treating casual leave as on duty would be relevant for deciding questions pertaining to pay or to the right of the authorities to curtail or cancel the leave. lastly, injury or death resulting from an activity not connected with military service would not justify and sustain a claim for disability pension. this is so regardless f whether the injury or death has occurred at the place of posting or during working hours. this is because attributability to military service is a factor which is required to be established. - the petitioner satisfied the criteria only in the year 1997 as he was promoted to the post of senior pharmacist in the year 1994. he was, thereforee, considered and promoted to the said post on 1.4.1998. 6. the respondents have also clarified that according to the new roster for promotion issued by the government of india and applicable from july, 1997, roster point vacancy for the scheduled caste candidate would be only at 7th post.m.k. sharma, j.1. this petition is filed by the petitioner claiming ante-dated promotion from the post of senior pharmacist to head pharmacist.2. the petitioner was given promotion to the post of senior pharmacist on 17.6.1994. the petitioner has filed the present petition on the hope that his writ petition claiming promotion to the post of senior pharmacist from a retrospective date somewhere in 1984 would be allowed by this court and, thereforee, he would be entitled for promotion to the post of head pharmacist from a retrospective date.3. by my judgment and order delivered today, i have dismissed the writ petition filed by the present petitioner seeking his promotion to the post of senior pharmacist with retrospective date registered as c.w.p. no. 1784/1991.4. as of today, the respondents have not notified the final recruitment rules governing policy of promotion to the post of head pharmacist. however pending finalisation of the recruitment rules, the respondents decided to fill up the posts of head pharmacist on ad hoc basis as four posts of senior pharmacist were upgraded to head pharmacist on 4.8.1993.5. as per the draft recruitment rules, the post of head pharmacist is to be filled up through the mode of selection of 100% by promotion from senior pharmacist with three years service in the grade. the petitioner satisfied the criteria only in the year 1997 as he was promoted to the post of senior pharmacist in the year 1994. he was, thereforee, considered and promoted to the said post on 1.4.1998.6. the respondents have also clarified that according to the new roster for promotion issued by the government of india and applicable from july, 1997, roster point vacancy for the scheduled caste candidate would be only at 7th post. however, the case of the petitioner for promotion was considered and he was promoted as the board decided to extend the benefit to the petitioner as his case was under consideration.7. thus, there could be no further grievance of the petitioner in respect of his promotion to the post of head pharmacist and the writ petition stands dismissed as such, but, without cost.