BRIG. P.J.S.RANGAR Vs. UOI

JUDGEMENT

(1.) The petitioners seek quashing of Department of Personnel and Training (DOP&T) Office Memorandum No. 22011/3/2007-Estt(D) dated 18.02.2008, and the letter No. A/23578/QASB 4(2007)/DGQA/Adm-4 of the Ministry of Defence, Department of Defence Production dated 15.05.2008. They also seek consequential direction for quashing of Empanelment Order issued on 16.06.2008.

(2.) Briefly the material facts are that the petitioners were, at the relevant time in 2007, working as Brigadiers in the Indian Army. Pursuant to the normal selection modes, on 29.10.2007, a Committee considered various names of officials for promotion from the rank of Brigadier to the acting rank of Major General, for the vacancy year 2008-09. The petitioners' names were recommended, as is evident, for empanelment, and an Office Order intimating them in that regard, was issued on 31.01.2008. Subsequently, on 15.05.2008, on the decision of the competent authority, in the wake of DOP&T's benchmark, contained in its Office Memorandum dated 18.02.2008, that panel was annulled. The extract of the order annulling/cancelling the panel reads as follows:

(3.) The memorandum of the DOP&T dated 18.02.2008 had noted that the Appointments Committee to the Cabinet had examined, in consultation with the Union Public Service Commission (UPSC), and noticed that for operating and promoting personnel to the post of Deputy Secretary and above and their equivalent, the benchmark of "Very Good" was applicable. The Office Memorandum of 18.02.2008 also noted the previous instructions contained in the DOP&T Memorandum dated 10.04.1989 and 27.03.1997 in that regard and stated as follows: