MAJOR GENERAL LAKHWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was commissioned as a Second Lieutenant in the Indian Army on 16.12.1967 became a Major General in the year 2001. He was recommended for promotion to the rank of Lieutenant General by two different but successive Special Selection Boards of the Indian Army. The Central Government did not approve the recommendation of the Special Selection Boards qua the petitioner. Thus, the petitioner was denied the rank of Lieutenant General. This action of the respondents is challenged by the petitioner in the present Writ Petition on the ground that the non-approval for grant of the rank of Lieutenant General to the petitioner is arbitrary, discriminatory, whimsical and, in fact, violative of the rules, established procedure of selection and offends principles stated in various judgments of this Court and the Supreme Court of India.

(2.) The necessary facts giving rise to the present Writ Petition are that the petitioner was commissioned in the Indian Army as a Second Lieutenant on 16.12.1967. According to the petitioner, he saw active combat in Indo-Pakistan War at Dera Baba Nanek in Punjab Sector and was recommended for the award of Vir Chakra. He took part in various Operations including Operations relating to counter-insurgency. He took part in Operation Blue Star in Punjab in 1984, and in the year 1999 he was posted to command an Arty Brigade situated in the active counter-insurgency operations area in Kashmir. The Brigade under the command of the petitioner was mobilized and was deputed to fight the Kargil War "Operation Vijay" in Drass-Kargil Sector in the year 1999. The petitioner"s performance and contribution in these events earned him the award of "Yudh Seva Medal" in August, 1999.

(3.) During his distinguished service career, the petitioner claims to have earned various awards, recommendations and appreciation by his seniors as well as others. In the year 2001, on the basis of his service profile, the petitioner was promoted to the rank of Major General and was posted as General Officer Commanding, 40 Arty Division, the only Arty Division of the Indian Army at the relevant time and he led "Operation Parakram" in the year 2002. In the year 2003, he was posted to Northern Command and participated in the "Operational Command", responsible for the insurgency-ridden Jammu and Kashmir Sector.