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| HC dismisses petition seeking promotion of Brigadier | | | EARLY TIMES REPORT
Jammu, May 5: Justice Hakim Imtiyaz Hussain, in a petition filed by Col. P Gajare seeking promotion for the rank of Brigadier, had dismissed the petition as the petitioner case has duly been considered by Board comprising of persons occupying higher position and ranks in the forces, it is not within the province of this Court to sit in appeal on finding of the Board particularly when neither the members of Board are arrayed as parties in the case nor has any malafideds- bias being pleaded in respect of the members of Board.
According to case of petitioner she was not selected in first promotion selection mode (medical) which was held on November 27, 2006 for the post of Brigadier. In second promotion selection Board (medical) held on December 5, 2007 but she again was not selected. Aggrieved by second promotion Board, petitioner approached authorities and filed a statutory complaint on January 21, 2008 against her non selection. The complaint was accepted by the respondents and the petitioner was granted redress by way of expunction of figurative assessment of SRO in ACR 2002 on the ground of inconsistency. Govt ordered that said aberration be removed from the CR Dossier of officer and she be considered for promotion by an appropriate promotion Board (Medical). The review promotion Board (medical) held on October 17, 2008 but she was not selected again and filed this petition on various grounds including that she has clean and meritorious service at her back despite it benefit of promotion has been denied to her.
Justice Hakim Imtiyaz Hussain after hearing Advocates BS Salathia & RP Sangra for the petitioner whereas KK Pangotra Assistant Solicitor General of India appeared for the Union of India & Ors observed that on going through the record Court find due consideration has been accorded to the petitioner's case but the Board did not find her fit and suitable for promotion. It is well settled law that an employee has got only a right to be considered for promotion. Right to considered for promotion does not mean that the employee has a right to promoted where the promotion is granted on merit basis, the committee entrusted with the job has to assess the merit of the employee and such a committee only is the best judge to determined whether the employee is suitable for promotion or not. An employee may be capable of discharging the duties of the post held by him/her and she may earn appreciation for the same but that would not mean that she is also fit for the higher post. The promotion is granted on various factors and the concerned committee has to consider the case on the basis of relevant material only and refer a judgment of Supreme Court titled state Bank of India Vs Mohd Myunuddin and dismissed the petition which has no merit.
—JNF
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