Nb Sub Susheel Kumar vs UOI & Others on 28 November 2025

O R D E R

28.11.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant seniority to him in the rank of Naib Subedar along with his batchmates and grant relaxation in requisite ACRs and period of holding the rank of Naib Subedar for the purpose of consideration of the case for promotion to the rank of Subedar along with all consequential benefits.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 28.05.2002 under NER (Normal Entry Rate) category. He was having education qualification matriculated without English at the time of enrolment.After completion of Basic Military Training, he was upgraded to Operator and Driver (Rec) Class IV vide EME Records Part II Order No ERG/278/0044/2004

and, thereafter, he was posted to 603 EME Bn. The Applicant was instructed by Respondent Record Office to qualify Army English Certificate III and II (in short ACE-III & II) in terms of Qualification Regulations, 1958, as these qualifications were required to be earned for promotion purposes which the Applicant acquired on 15.06.2005 and Part II Order No 0/0280/0049/2006 dt 17.11.2006 was issued. The Applicant was nominated for Class III and II along with his batch-mates in year 2007 and, subsequently, he was upgraded to Class II vide EME Records Part II Order No 0/0146/0006/624 dt 26.04.2008. However, due to an error on part of Records Office, the Applicant was intimated by Record Office vide Promotion Order dt 31.05.2008 that he was superseded due to lack of ACE-II qualification. Record Office in turn was intimated by the unit of the Applicant that he had already acquired the qualification vide Part II Order dt 26.04.2008. After protracted correspondence, it came to notice that Part II Order for acquiring the ACE-II qualification was rejected by the Record Office due to non-enclosure of the Original Certificate along with the Part II Order. Therefore, the Part II Order for the same was republished on 07.08.2008. However, by that time the Applicant had been superseded which resulted in further delay in subsequent promotions of the Applicant. The Applicant assumed the rank of Naik on 26.12.2008, however, he was given antedate seniority of 15.06.2008 instead of 01.05.2008 and, consequently, he was superseded to the rank of Havildar due to shortfall of one ACR and finally he was promoted to the rank of Havildar wef 01.02.2010 with antedate seniority 01.02.2010. Due to late promotion to Havildar rank, he was detailed for Havildar to Naib Subedar (HNS) Cadre later than his batch-mates as he had not earned requisite ACRs by that time. Thereafter, the Applicant unfortunately met with an accident on 23.09.2012 and, consequently, he was placed in low medical category A3 (T-24) wef 28.12.2012 due to which he could not proceed on HNS Cadre. The case of the Applicant for waiving off the requisite cadre/ course and present medical status was taken up with higher authorities, but the same was not considered by the competent authority. After passing of promotion cadre, the Applicant was promoted to the rank of Naib Subedar wef 01.05.2015 with antedate seniority 11.04.2015 whereas his juniors were promoted to the rank of Naib Subedar in year 2013. The Applicant has reiterated that he was superseded for promotion to the rank of Naik for no fault of his, which led to further delay in subsequent promotions to the rank of Havildar and Naib Subedar due to lacking in ACR criteria and suffered heavy financial loss and there is further likelihood that the Applicant will not be granted next promotion due to limited availability of promotional posts of Subedar. In view of the aforesaid averments, the Applicant has filed present OA.

3. The Respondents filed a detailed reply to the Application and have submitted that the Applicant was enrolled in the Army on 28.05.2002 with educational qualification 10th without English. He passed Technical Training Test Operator and Driver (Recovery) Class II on 23.08.2007 vide EME Records Part II Order No 0/1046/0006/2008 and on qualifying the above qualification, he was screened for promotion to the rank of Naik but was found unfit due to lacking of ACE-III and ACE-II, being enrolled in NER category with 10th education without English. As per Qualification Regulations, 1958, Chapter-I, Rule 8 and Annex to AI 33/88, NER soldier, who have passed matriculation examination without English as one of the subject will be required to pass Army English Certificate Examination (ACE) as prescribed for the concerned category (Operator & Driver) (Recovery) in Chapter-IV of Qualification Regulations of initial mustering and subsequent upgradations, as well as passing of English subject in metric or equivalent military qualification ACE- III and ACE-II are mandatory requirements for promotion to the rank of Naik in his trade. As such, non empanelling in promotion to the rank of Naik was intimated to the Applicant’s unit vide Promotion Order No 184/Nk/2008 with a request to the unit to encourage the individual to qualify the same to enable him for promotion. However, the said letter was neither acted upon by the unit nor the individual himself. After a lapse of three years, 624 EME Bn intimated vide letter dt 07.08.2008intimated that the Applicant has passed the requisite qualification on 15.06.2005 and the same has been published vide Part II Order 0/0294/0003/2008. Accordingly, the Applicant was promoted to the rank of Naik on 26.12.2008 with antedate seniority wef 15.06.2008, ie., the date of passing the qualification. After passing of Havildar cadre from 12.10.2009 to 05.12.2009, the Applicant was promoted to the rank of Havildar wef 01.02.2011. The Applicant was detailed for Havildar to Naib Subedar Cadre from 01.07.2013 to 18.09.2013 vide letter dt 10.06.2013, however, he met with an accident on 23.09.2012 and was placed in medical category S1H1A3(T-24)P1E1 wef 28.12.2012 and, hence, he was taken off from the course due to down-gradation of Medical Category. Thereafter, the Applicant was placed in LMC A3 (Permanent) wef 15.11.2013 to 14.11.2015 and due to the down-gradation in medical category, he was eligible for promotion and cadre after 14.11.2015 only, subject to upgradation to medical category SHAPE-1, as applicable. The Applicant made representation for non-adjustment of pay and allowances and promotion which was suitably replied to vide EME Records letter dt 05.02.2014 with directions to take up the case through Statement of Case with the appropriate authority for waiving off the requisite cadre/course and present medical status. Accordingly, Statement of Case for waiver of promotion cadre and grant of promotion to the rank of Naib Subedar of the Applicant with his batch-mates was processed with the Competent Authority. However, the same was rejected on the grounds that there exists no provision for waiver of promotion cadre except in the case of Battle Casualty cases. The Respondents have reiterated that the initial delay in promotion for the rank of Naik was due to his late acquiring of the qualification/publication of Part II order and the Applicant was given antedate seniority for the rank of Naik from the date of passing of requisite ACE-II qualification. The delay in promotion to the rank of Naib Subedar was due to placement of the Applicant in low medical category. In view of the above, the respondents have submitted that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for both the parties and perused the records.

5. Para 115 of Qualifications Regulations for Soldiers, 1958, Chapter I, Rule 8, reads that the Normal Entry Rate soldiers:-

(a) Who have passed Matriculation Examination without English as one of the subjects, will be required to pass the Army English Certificate Examinations as prescribed for the concerned category in Chapter IV of Qualification Regulations for Soldiers, 1958, for initial mustering and subsequent upgrading.

(b) Who have passed matriculation examination without Mathematics or General Mathematics or Elementary Mathematics or Arithmetic as one of the subjects, will be required to pass the examination of Army Certificate of Education Examination in Mathematics only, as prescribed for the concerned category in Chapter IV of Qualification Regulations for Soldiers, 1958, for initial mustering and subsequent upgrading.”

6. In the present case, it is an admitted fact that the applicant joined the Army in NER category with qualification of matriculation without English. On passing of

Technical Trade Test Operator and Driver (Recovery) Class-II, he was screened for promotion to the rank of Naik but was found unfit due to lacking of ACE-III and ACE-II, being enrolled in NER category with 10th education without English. The Applicant’s unit was communicated about his non-eligibility for promotion to the rank of Naik with a request to encourage the Applicant to qualify for the laid down qualification in order to enable him for further promotion but the same was not acted upon and after a lapse of three years, DO Part II Order was published vide Part II Order No 0/0294/0003/2008 regarding passing of requisite qualification on 15.06.2005. Accordingly, the Applicant was screened for promotion to the rank of Naik and was promoted to the rank of Naik on 26.12.2008 with antedate seniority 15.06.2008, ie., the date of passing the requisite qualification. Therefore, there was no fault on part of the Respondent Record Office. The Applicant was duty bound to submit the documents of his passing the requisite qualification and get it published so that he was promoted in time, especially when the Record Office had intimated about his supersession to the rank of Naik due to lacking educational criteria. Similarly, on passing of Naik to Havildar Cadre on 05.12.2009, the Applicant was detailed for promotion cadre to the rank of Havildar from 12.10.2009 to 05.12.2009 as per his seniority as laid down in EME ROI 2006 (Vol-II) and promoted to the rank of Havildar wef 01.02.2011. The Applicant was detailed for HNS Cadre from 01.07.2013 to 18.09.2013, however, in the meantime, the Applicant sustained injuries due to an MT Accident and, hence, he was withdrawn from the cadre due to his being placed in low medical category till 14.11.2015. Further, Statement of Case for waiver of promotion cadre and grant of promotion to the rank of Naib Subedar of the Applicant with his batch-mates was rejected by the Competent Authority, there being no provision for waiver of promotion cadre except in the case of Battle Casualty cases. In view of the above, it is clear that the Applicant was initially superseded due to late acquiring of requisite qualification, for which the Respondents cannot be blamed. The Applicant was also detailed for further promotion to the rank of Havildar and he was promoted on passing the same. The Applicant was detailed to undergo HNS Cadre, however, due to his being placed in low medical category, he was withdrawn from the cadre, as he was not fulfilling requisite medical criteria.

7. In view of the aforesaid facts, we are of the considered view that the OA is devoid of merit on all counts, hence, dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-