AIR COMDR RANDHIR PRATAP Vs. UOI

JUDGEMENT

(1.) In this petition for a writ of mandamus the petitioner prays for a direction to the respondents to promote him to the rank of Air Vice Marshal with effect from 1st March, 2006 with consequential benefits of grant of seniority vis-a-vis other officers similarly promoted. A writ of certiorari quashing order dated 29th May, 2006 whereby the petitioner's statutory complaint under Section 27 of the Air Force Act, 1950 has been rejected with a mandamus directing the respondents to declare the vacancies has also been prayed for.

(2.) The petitioner is serving as an Air Commodore in the Indian Air Force. He is, on that account, eligible for promotion to the next higher rank of Air Vice Marshal. Selection process for promotion to the said rank started in the year 2004 with the issue of a notification enlisting the names of the officers eligible for consideration. The petitioner's name figured at serial no. 12 in the said list. It is common ground that apart from preparing a list of officers found fit for promotion against the available vacancies; the Promotion Board had prepared a reserve list, in which officers found fit for promotion against any vacancy that might subsequently arise during the relevant promotion year were shown. The petitioner's case is that for the promotion year 2005-06 there were only five vacancies in the beginning. The same rose to seven by the time the Board completed its proceedings. These two additional vacancies had, according to the petitioner, arisen on account of two Air Vice Marshals retiring after the completion of proceedings of the Promotion Board. The petitioner draws support for that assertion from the Main List containing the name of seven officers found fit for promotion against said vacancies. He was not, however, one of those recommended for promotion against the said vacancies, having been placed at serial No. 2 in the Reserve List. According to the petitioner, the following seven officers were promoted to the rank of Air Vice Marshall from the rank of Air Commodore against the seven vacancies referred to above: 1) Air Commodore NV Tyagi who figured at the Top of the List approved by the promotion board. 2) Air Commodore D Kukreja who figured at the second place in the List approved by the promotion board. 3) Air Commodore A Singh who figured at the fourth place the List approved by the promotion board. 4) Air Commodore DN Ganesh who figured at the fifth place in the List approved by the promotion board. 5) Air Commodore BC Nangappa who figured at the sixth place in the List approved by the promotion board. 6) Air Commodore VK Yajurvedi, who figured at the seventh place in the List approved by the promotion board. 7) Air Commodore RC Baruah who figured as No. 1 in the Reserve List approved by the promotion board.

(3.) The petitioner's case is that since Air Commodore S.K. Jayswal, who figured at serial no. 3 of the list approved by the Promotion Board had proceeded on premature retirement, the resultant vacancy was filled by promoting Air Commodore R.C. Baruah who figured at serial no. 1 in the Reserve List. As a result, therefore, the petitioner got shifted to No. 1 position in the Reserve List. His grievance now is that even when he was at No. 1 in the reserve list and even when a vacancy in the rank of Air Vice Marshall was available and continues to be so available, he has not been promoted against the same.