Hav Azmal vs Union Of India & Ors
2013 Latest Caselaw 5552 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                         Date of decision: 29th November, 2013

+     W.P.(C) 6986/2013 & CM No.15126/2013

      RFN SANDEEP KUMAR                          ..... Petitioner
                   Through :         Mr. D.S. Kauntae, Adv.

                         versus

      UNION OF INDIA AND ORS          ..... Respondents
                    Through : Mr. Ankur Chhibber, Adv.

+     W.P.(C) 6908/2013 & CM Nos.14961/2013, 15986/2013

      HAV AZMAL                                  ..... Petitioner
                         Through :   Mr. D.S. Kauntae, Adv.

                         versus

      UNION OF INDIA & ORS                    ..... Respondents
                    Through :        Mr. A.P. Singh with
                                     Ms. Gurjinder Kaur, Adv.
                                     and Major Rohit Jha,
                                     Defence for R-1 to 3
      CORAM:
      HON'BLE MS. JUSTICE GITA MITTAL
      HON'BLE MS. JUSTICE DEEPA SHARMA

GITA MITTAL, J. (Oral)

1. By way of the instant writ petitions, the petitioners have contended that they have been wrongly excluded from the select list of soldiers of 8 Raj Rif Battalion who were to proceed on UN

WP(C) Nos.6986/2013 & 6908/2013 page 1 of 5 Mission on 23rd of November, 2013.

2. The petitioner (Rfn Sandeep Kumar in WP(C)No.6986/2013) rests his case on a specific pleading that he was permanently posted on the strength of 8 Raj Rif Battalion with effect from 3rd of December, 2012. However, the petitioner (Hav Azmal in WP(C)No.6908/2013) was permanently posted in the same battalion, with effect from 11th November, 2007. Both the petitioners continuously served with the said battalion till February, 2010. The petitioners have predicated their grievance on the contention that having so permanently served in the strength of 8 Raj Rif Battalion, they had a right to be considered and placed on the select list of personnel of the Battalion being deputed on the UN Mission.

3. So far as consideration of the eligibility of the personnel who were deployed for UN Mission is concerned, the same has to be of personnel who are posted on the strength of the battalion on the date of the consideration. In this regard, the Director General of the Infantry has issued guidelines vide letter dated 7 th July, 2010 which reads as follows:-

"SOP FOR FIELDING INDIAN ARMY CONTINGENTS IN UNITED NATIONS PEACE KEEPING (UNPK) OPERATIONS.

1. Refer to this HQ letter No.A/6006/UN/R/Inf- 6(pers) dt 089 Oct 2009.

2. Competent auth has directed that all pers on the panel of the unit nominated for UN Msn must

WP(C) Nos.6986/2013 & 6908/2013 page 2 of 5 proceed with the unit. It has also been directed that CO of the unit will render certificate to this effect before the unit proceeds for the UN Msn & after de- induction.

3. Please insert/include an addl sub para (Para 2(q)(vii) as given below in our letter mentioned at Para 1 above:-

(q) Supporting docu : -

(vii) Cert duly signed by Commanding Officer of the unit detailed for UN Msn stanting that all eligible pers on the panel of the unit have been detailed for UN Msn in first/second rotation and no eligible pers on the unit panel is left for detailment with the unit for UN Msn. Record Officers will ensure this cert be incl in the manpower bd proceedings in each rotation and also obtain same after de-induction from MSn Area. Cert obtained after de-

induction be fwd separately to this HQ."

4. The respondents have placed before this court the manner in which selection is effected of soldiers who are to proceed on the UN Mission. It has been pointed out that the petitioner - Rfn Sandeep Kumar in WP(C)No.6986/2013 was taken on the strength of 8 Raj Rif Battalion on 17th of October, 2004 and the petitioner Hav Azmal in WP(C)No.6908/2013 was taken on its strength on the 11th November, 2007. On the 25th of January, 2010, a new battalion, the 22nd Battalion was raised and the petitioners were posted on its strength.

5. So far as nomination of battalion for proceeding on UN

WP(C) Nos.6986/2013 & 6908/2013 page 3 of 5 Mission deployment is concerned, the counter affidavit discloses that it was only in May, 2011 when 8 Raj Rif was so nominated. It is an admitted position that on the date of deployment of the 8 Raj Rif Battalion for the UN Mission, the petitioners were not on its strength and could not have been so deployed.

6. We are informed by learned counsel for the respondents that after consideration of the personnel of 8 Raj Rif, there remained 22 unfilled vacancies for such deployment on the UN Mission.

7. In this background, the respondents had set up a reserved list of 52 persons from the 22nd and 23rd Raj Rif which were the new battalions. The respondents have produced details of the persons which disclose that the respondents prepared a seniority list based on the length of service of the personnel of 8 Raj Rif Battalion. This list shows the petitioners' positions are at serial no.11 and 44 respectively. The petitioners also submit that the respondents are working this list strictly based on the seniority position occupied by the personnel of 8 Raj Rif who stand posted on the strength of 22 and 23 Raj Rif Battalions. The method adopted by the respondents is fair. Certainly the above consideration cannot be faulted on any legally tenable ground.

8. In view of the action of the respondents in considering the personnel who were posted in the strength of 8 Raj Rif on the date of the consideration for such deployment cannot be faulted with.

9. We find no merit in this writ petition which is hereby dismissed.

WP(C) Nos.6986/2013 & 6908/2013 page 4 of 5 CM No.15126/2013 in WP(C)No.6986/2013 & CM Nos.14961/2013 & 15986/2013 in WP(C)No.6908/2013

In view of the order recorded in the writ petition, these applications do not survive for adjudication and are disposed of as such.

(GITA MITTAL) JUDGE

(DEEPA SHARMA) JUDGE NOVEMBER 29, 2013 mk

WP(C) Nos.6986/2013 & 6908/2013 page 5 of 5