DARSHAN LAL CHOWDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts leading to the filing of the above captioned petitions are that in the year 1974 the petitioners of the two writ petitions were commissioned in the Indian Army in the rank of Second Lieutenant and got promoted to the rank of Major General by the year 2008.

(2.) AS per the policy to promote officers to the rank of Lieutenant Colonel and above, a Selection Board assesses the officers. Each officer is entitled to be considered three times; namely, as a fresh case; if he does not make it in the list, the next year as a case of first review; and if still unsuccessful, as a case of final review. If an officer is approved for promotion in the first consideration as a fresh case, his seniority remains intact. If he is not approved as a fresh case, he is considered as a first review case with the next available batch. If on further and last consideration an officer is not found fit for promotion, he is deemed to be superseded. Between the period from May, 1987 to December, 2008 the Selection Board(s) were assessing the officers for the purposes of promotion on the basis of a policy dated May 06, 1987.

(3.) ON April 15, 2009 the Military Secretarys Branch issued another letter in relation to the Quantification Policy laying down the manner of allocation of marks pertaining to Confidential Reports (CRs).