RAJMDER NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the pethioner is praying for awrit of mandamus to direct the respondents to promote the petitioner as aBrigadier with original seniority and permit him to continue to serve histenure till the age of 54 years.

(2.) The relevant facts are not in dispute and are in a narrow compass.The petitioner has been in the employment of the Government of India,Defence Services since 3/06/1956. He was promoted to the rank ofActing Colonel on 15th July, 1981 and got the substantive rank of Colonelwith effectf fom 1/07/1982. However, he was not placed in the selectlist for promotion to the rank of Brigadier despite the fact that his case wasconsidered as a fresh case in the year 1982, a first review in 1983 and asecond review in 1984. The reason apparently was because of certain entriesin his annual confidential reports.

(3.) It is the admitted position that a Colonel in the Indian armyretires at 52 years of age and a Brigadier at 54 years. The petitioner wasborn in October, 1935 and from December, 1985 was serving as DeputyCheif Signal Officer, Jammu & Kashmir, in the rank of Colonel. Inaccordance with a circular issued by the Army Headquarters on 5/02/1987, the petitioner was informed that be would be retiring with effect from3 1/10/1987. Soon thereafter, on 25/03/1987 he made astatutory complaint addressed to the Central Government with regard tohis having been superseded for the rank of Brigadier.