UNION OF INDIA Vs. MAJOR GENERAL DAYANAND KHURANA

JUDGEMENT

(1.) THIS appeal by Special Leave is directed against the judgment of the High Court of Delhi dated 30th April, 1991 on behalf of the Union of India and the Chief of the Army Staff against Major General Dayanand Khurana.

(2.) BY the irnpugned judgment the Division Bench of the High Court'directed the issue of writ of mandamus modifying an order dated 26/10/1990 and thereby directing the appellants herein to treat Major General D. N. Khurana, who was approved for promotion to the acting, rank of Lt. General for' Staff Only' Stream, senior to all the other Major Generals who were promoted to the acting rank of Lt. General in the 'Command and StaffStream, and also issued further writ of mandamus directing the appellants to expeditiously promote the respondent herein, ahead of the 1957 batch, to a staff post which has occurred between 26/10/1990 and 31/05/1991 keeping in view the existing policy of The Government and in the light of the observations made in the judgment.

(3.) THE respondent while working as Major General was considered for promotion to the rank of Lt. General in July, 1989 but was rejected by the Government. He thus once again lost seniority of 1956 batch. He was then considered as a first review case in July, 1990 along with 1957 batch and was approved for selection for'Staff Only'Stream in the following sequence of consideration:-