NAIB SUBEDAR RAM KUMAR SINGH(JC-54295-M) v. ARMED FORCES TRIBUNAL REGIONAL BENCH LKO AND 4 OTHERS
WRIA/1982/2025 · 2025-02-18
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121956 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121956 (ALL) · dailylaw.ai ]
Judgment text
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In The High Court Of Judicature At Allahabad Sitting At Lucknow Neutral Citation No. - 2025:AHC-LKO:10437-DB Court No. - 1 Case :- WRIT - A No. - 1982 of 2025 Petitioner :- Naib Subedar Ram Kumar Singh(Jc-54295-M) Respondent :- Armed Forces Tribunal Regional Bench Lko And 4 Others Counsel for Petitioner :- Pranav Pandey Counsel for Respondent :- A.S.G.I. Hon’ble Attau Rahman Masoodi J. Hon’ble Subhash Vidyarthi J.
1. Heard Sri Pranav Pandey the learned counsel for the petitioner and Sri S.B. Pandey learned Deputy Solicitor General of India assisted by Sri Varun Pandey, the learned counsel for the Union of India. 2. By means of the instant Writ Petition, the petitioner has challenged the validity of the judgment and order dated 18.10.2023 passed by the Armed Forces Tribunal, Regional Bench, Lucknow in Original Application No. 245 of 2022 whereby the Original Application filed by the petitioner challenging the validity of the order dated 06.01.2022 passed by the Officer In-charge Records rejecting the petitioner’s application for grant of extension in service has been dismissed. 3. The petitioner was enrolled in the Indian Army on 19.08.1996 and he was discharged from service in low medical category due to disability ‘OSTEO ARTHRITIS BOTH KNEES’ on 31.08.2022 after rendering more than 26 years of service. The petitioner had been placed in permanent low medical category A2 (P) w.e.f. 11.06.2007. yet he continued in service till his discharge on 31.08.2022. 4. There is a provision for extension of service of persons serving in the Indian Army regarding which the policies are amended from time to time. The latest amendment to the procedure and criteria for screening of a personnel below officer rank for grant of extension of service by two years was implemented by means of the order dated 05.05.2020, p. 1 which provides that the persons seeking extension of service must continue to remain in medical category SHAPE-1. The persons who have been placed in permanent low medical category would be screened with a view to assess their suitability for grant of extension in service. If they are declared provisionally fit for extension subject to their medical category being upgraded to an acceptable level before expiry of the normal term of engagement, can also be considered for extension. 5.
The petitioner was placed in permanent low medical category way back on 11.06.1997 and he continued to remain in that category till his discharge on 31.08.2022. He was not declared provisionally fit for extension and his medical category has not been upgraded to an acceptable level prior to expiry of the normal term of his engagement. Therefore, as per the policy for grant of extension contained in the letter dated 05.05.2020, the petitioner is not entitled to be granted extension of service. 6. We find no error or illegality in dismissal of the original application for the aforesaid reason and we find no ground for interference in it. 7. The writ petition lacks merit and the same is accordingly dismissed. (Subhash Vidyarthi J.) (A. R. Masoodi J.) Order Date: 18.02.2025 kanhaiya p. 2 Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench