Shiv Shankar Sahu vs The Union of India (UOI) and Others

S.N. Jha, J.—The dispute in this case raised to recruitment as Trademan Soldier (Cook). His claim has been rejected lastly by communication contained in Annexure-6 addressed to his father on 16.5.2001.

It appears that the Petitioner''s case was not considered earlier on account of discrepancy in his name. In the records of the Army (E.M.E., Secundarabad) his name was mentioned as Shiv Shankar whereas in the education certificates which the Petitioner produced his name was mentioned as Shiv Shankar Sahu. Case of the Petitioner is that the mistake was rectified after his father took up necessary step in this regard, vide paragraph 65 of the counter affidavit. Nevertheless he has not been appointed on the ground that he was short in height by 2 cms. According to the Petitioner, being son of an Ex-armyman he is entitled to relaxation/dispensation of 2 cms. in height.

Shri Sanjay Singh appearing for the Respondents submitted that the revised order correcting the name of the Petitioner could not have been issued in view of the Standing order dated 23.10.1996, contained in Annexure-A to the counter affidavit and, therefore, the Petitioner cannot claim the benefit of relaxation/dispensation of 2 cms. in height as being son of Ex-armymen and in that view of the matter, he was considered in the general category and as his height was less by 2 cms, the claim was rejected.

In my opinion the above said objection of the Respondents that a revised order could not be issued regarding the Petitioner''s name in view of Annexure-A is hyper technical in nature and it should not stand in the way of the Petitioner. It is not in dispute that Shiv Shankar'' and ''Shiv Shankar Sahu'' are one and same person. It is also not in dispute that the Petitioner is son of Ram Sagar Sahu, an Ex-serviceman. It is further not in dispute that sons of Ex-armymen are entitled to relaxation/dispensation of 2 cms. in height for the purpose of recruitment. That being so, in my view, the Respondents should consider the case of the Petitioner afresh for recruitment in accordance with the revised order treating him son of Ex-armyman (Ram Sagar Sahu) ignoring Annexure-A to the counter affidavit at the next recruitment, if not earlier.

The writ petition stands allowed.