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| Consider petitioner for promotion as Brigadier: HC directs Centre | | | Early Times Report
Jammu, Nov 20: In a petition filed by Col Yatish Chandra Mishra, seeking promotion as Brigadier, the Jammu and Kashmir High Court, while admitting the petition, today directed the official respondents to expunge the remarks of HTO as granted by him in favour of the petitioner with effect from 2001 to 2005 and make a fresh assessment on the basis of his overall service profile which has been assessed by the IO and FTO. After the fresh assessment is made, the case of the petitioner shall be submitted to the review promotion board for promoting the petitioner to the rank of Brigadier with effect from the date respondents 5 and 6 have been promoted. Court further directed respondents that this exercise be completed and appropriate orders passed by or before December 31, 2009.
After hearing arguments from both the sides, Justice Sunil Hali observed that the assessment made by the HTO in respect of respondent No.5 was enhanced after the FTO had started upgrading his assessment but in the case of petitioner, even though the FTO had assessed him at 8.90 for 2004, i.e., above the aforementioned respondent who was granted 8.80 by the FTO, the HTO consistently assessed the petitioner at 8.00 only. That applying the principle of removal of aberration depending upon the inconsistency of service profile of an officer, its application has been consistent in so far as respondent No.5 is concerned whereas, the reasons other than the principle adopted by the official respondents in case of said respondent have weighed in case of the petitioner. It clearly emerges that exclusion of the petitioner from promotion to the rank of Brigadier was done by not removing the inconsistency in his ACRs recorded by the HTO. The said action on the part of authorities’ concerned perse is discriminatory and violative of Article 14 of the Constitution of India. With these observations, the Court directed Union of India that the case of the petitioner shall be submitted to the review promotional board for promoting him to the rank of Brigadier. JNF
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