UNION OF INDIA Vs. W S CHONA

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal against the judgment of the Delhi High Court dated November 10, 1995 in Civil Appeal No. 4915 of 1995 relates to promotion from the rank of Major General to the rank of Lieutenant General in the Army.

(3.) The personnel in the Army fall in two broad categories, namely, General Cadre consisting of Infantary, Mechanised Infantary and Armoured corps, and Non-General Cadre consisting of Artillery, Engineers, Signals, Army Ordinance Corps, Army Service Corps and Electrical Mechanical Corps. The appointment within the corps or the service is known as 'Corps Appointment'which may be on the command side or staff side within the corps or the service. Apart from Corps Appointments, appointments are also made outside the corps/service on the staff side which are called 'Staff Appointments'. Till September 9, 1986 officers in the Non-General Cadre could be promoted to the rank of Lt.Gen. in their respective Corps/ Service Appointments only. By circular dated September 9, 1986 issued by the Military Secretary at the Army Headquarters it was decided to adopt the "Two Stream Concept' for officers of the rank of Brigadier and above. The said concept envisages that the officers on promotion to the rank of Maj. Gen. and Lt. Gen. will be bifurcated into the 'Command and Staff' stream and the 'Staff Only' stream. Non-General Cadre officers could also be considered for the 'Staff Only' stream in the rank of Lt. Gen. The following provision was made in this regard for Non-General Cadre officers in the said circular:-