Sub Mahendra Singh Rathore (Army) vs UOI & Others on 4 May 2026

**ORDER**

**04.05.2026**

**MA No 104/2017**

1. 1. The Applicant has filed this OA, praying for condonation of delay of one year, ten months and 13 days involved in filing the OA. The MA is allowed and delay is condoned.

**OA 68/2017**

1. 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to quash and set aside the Assumption Certificate of 123 Infantry Battalion (Territorial Army) dated 14/10/2014, Annexure A/1 and treat five years tenure from 04/10/2014 upto 01/10/2019 to meet the ends of justice and fairplay. He has also prayed for passing orders/directions to the Respondents to grant adequate compensation in the attendant genuine circumstances of the case. Further, as an interim prayer, he prayed for stay on operation of the Assumption Certificate dated 14/10/2014, Annexure A/1 till the matter is sub judice so that the applicant is not discharged from army service on 30/4/2017 to meet the ends of equity, justice and fair play.

3. The Respondents have filed a Reply Statement. They have, at first, raised objection with regard to maintainability of this OA on the ground that the applicant is aggrieved of the Assumption Certificate dated 14/10/2014 after having received all the benefits under it for more than two years. The OA is hopelessly barred by limitation for which the applicant has no explanation and, hence, the OA needs to be dismissed on the ground of delay. They have further submitted that the applicant was discharged from 123 Inf Bn (TA) on 30/9/2013 on completion of terms of engagement. The applicant submitted a Statutory Complaint for denial of rightful well deserved promotion to the rank of Nb Sub (Clerk) upon the posting out of RA Head Clerk, Sub Satender Yadav. Based on the directions of Chief of the Army Staff, the applicant was reinstated in service wef 04/10/2014 with all consequential benefits including continuity in service, pay and allowances and promotion from the date of vacancy for Nb Sub/Clerk occurred in the Unit, ie, wef 08/4/2012. On assuming the appointment of Head Clerk, the applicant did not deposit his previous terminal benefits which were granted to him at the time of his discharge from service on 30/9/2013; but approached the Grenadiers Records to adjust the same with his outstanding dues which was accordingly adjusted by the PAO (OR) with the pay and allowances granted to the applicant during the Interim period wef 08/4/2012 to 04/10/2014. On completion of two years service with effect from 08/4/2012 to 08/4/2014 in the rank of Naib Subedar and based on submission of documents, the applicant was promoted to the rank of Subedar with effect from 08/4/2014 vide TA Directorate letter dated 16/6/2015. As per policy for promotion from Naib Subedar to Subedar, minimum two years physical service and two ACRs in the rank of Nb Sub were mandatory, but the applicant was promoted to Subedar rank-wef 08/4/2014 without fulfilling the above criteria on the directions of the Chief of the Army Staff. As per the policy, since the applicant had completed five years of Permanent Staff (three years normal and two years extension on 07/4/2017, TA Directorate issued Signal dated 30/1/2017 for the applicant to be placed on Special Unattached List (SUL) wef 07/4/2017. The Respondents have further stated that the applicant has taken all financial benefits wef 08/4/2012 including promotion to the rank of Subedar wef 08/4/2014 on completion of two years of service in the rank of Nb Sub without fulfilling the requisite QR, the OA filed by the applicant for grant of seniority from his physical assumption, ie, wef October 2014 is for his own vested interest. Moreover, five year tenure of Permanent Staff would commence from 08/4/2012 to 07/4/2017 and not wef 04/10/2014 to 03/10/2019.

4. We have heard the counsels for the parties and perused the material on record.

5. It is apparent from record that the applicant has been extended all due benefits. During the course of final hearing, counsel for the applicant has conceded the fact of the applicant having received all the benefits including his promotion to the rank of Subedar without meeting the laid down requisite criteria. Since he has enjoyed all the benefits including financial benefits thereto wef 08/4/2012, at this late stage he cannot claim now that his seniority be reckoned wef 04/10/2014. Accordingly, it is considered that the OA filed in this regard is without any merit.

- 6. In fine, we are of the opinion that the OA is devoid of merit and, hence, is dismissed.

- 7. No order on costs.

- 8. Pending application, if any, also stands disposed off.

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SNJIV MITTAL

**(SANJIV MITTAL)** **MEMBER (A)**

cda/-

GOVERDHAN BARDHAR

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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