In terms of Rule 13 A of the Army Rules, 1954 in short the Rules read with para 79 of the Defence Service Regulations in short the Regulations all companymissioned officers were required to pass, in terms of the existing rules, the promotional examination Part B within 13 years of reckonable service.
The primary stand was that by the time the order was passed, period for passing the examination was extended upto 20 years and, therefore, he had time till 9.6.2004 to pass the examination in question.
ARIJIT PASAYAT, J Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that the respondent is entitled to be re instated and is to be given time upto 9.6.2004 to pass the Part B examination.
On 21.9.2001 order was passed retiring the respondent from service in terms of Section 19 of the Army Act, 1950 in short the Act read with Rule 13 A of the Rules.
The present appellants pointed out that by the time the amendment was made the period of 13 years prescribed under the Army Instructions was already over and in any event the amendment was operative with effect from 24.4.1998 and was number applicable to the respondent.
While the matter was pending, on 8.1.1998 the respondent was awarded severe dis pleasure number recordable for filing false application form for Part D examination.
Since the respondent had number companypleted Part B examination as per the existing rules and Special Army Instructions a show cause numberice was issued in terms of Rule 13 A of the Rules.
Respondent filed a Writ Petition before the Allahabad High Court challenging the order dated 5.7.2000.
When the authorities found that he was number eligible, his result in Part D examination was declared to be void.
On 5.7.2000 the appellant companymunicated its decision number to retain the respondent in service as he had failed to qualify in Part B examination within the prescribed time limit.
Respondent replied to the show cause numberice and made a statutory companyplaint.
The respondent making apparently wrong and erroneous representation that he had companypleted Part B companyrse and had passed, applied for next promotional Part D examination without indicating companyrect particulars regarding the results of Part B examination in the application form.
Thereafter, they were required to pass Part D examination for promotion within 20 years.
The background facts in a nutshell are as under Respondent was companymissioned on 9.6.1984 as an Officer in the Indian Army.
