GENERAL S G NIYOGLAMC Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner', a Major General and posted as Additional Director General at the Directorate General of Armed Forces Medical Services ('DGAFMS' for short.) in the Ministry of Defence, Government of India, seeks a writ of mandamus, order or direction to set aside his retirement w.e.f. 31 January 1994, and to restore to him the position of the Additional Director General as held by him until 31 January 1994. He further seeks a writ, direction or order granting him extension of service as had been done in the case of Major General R.C. Ahuja. Then the petitioner seeks certain consequential reliefs. There are three respondents. First respondent is the Union of India through the Secretary, Ministry of Defence; second respondent is the Director General, Armed Forces Medical Services; and third is the Major General R.C. Ahuja.

(2.) The petitioner was commissioned in the Army Medical Corps as Lieutenant in 1958. He picked up various ranks and on 8 April 1992 he was promoted from Brigadier to Major General and posted as Additional Director in DGAFMS. Prior to 18 January 1991 he was in medical category SHAPE (S1,H1,A1,P2,E2). SHAPE, an acronym, stands for as under: -

(3.) Petitioner underwent an eye operation on his right eye and his medical category was S1, H1, A1, P2, E2. After he had picked up the rank of Major General, Medical Board was constituted on 18 May 1992 to place him in appropriate medical category. After usual formalities, his medical category was upgraded on 14 September 1992 as S1, H1, Al, P2, E1. Though the respondents have said that the petitioner could not have been upgraded to E1, but that, we find, is not quite relevant for the decision of this petition. In January 1993 petitioner was operated of his left eye and his medical category was again down graded to 31, H1, A 1.P2.E2 which continued to be so when he retired on 31 January 1994.