LAWS(DLH)-1999-7-25

COLLECTOR KESHRI SINGH RETD Vs. UNION OF INDIA

Decided On July 30, 1999
KEHARI SINGH (RETD.) Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, who was approved for promotion to the rank of acting Colonel iithe Number Three Selection Board meeting held on the 9th of November, 1987, wasnot actually given the promotion till he attained the age of superannuation on the 30tlof April, 1988. Hence the petitioner, after his statutory complaint was rejectedpresented the writ petition praying for the following reliefs:-

(2.) The facts, in brief, necessary for the appreciation of the point raised by thpetitioner could be narrated thus:On the 10th of May, 1964, the petitioner was commissioned into the IndiaArmy. After 19 years of service, in or about 1983, he was approved for the rank selection grade Colonel. On the 15th of July, 1985, he was promoted to the rank of LColonel. His next higher rank is Colonel and he was to be considered for promotioto the rank of acting Colonel which would entitle to him the pensionary benefit in therank of Colonel. On the 14th of. November, 1986, a communication was sent to allconcerned that Number Three Selection Board would be held and directed initiationof ACRs. The communication dated 17.11.1986 wherein the signal issued on14.11.1986 was sent would read as undergo THREE SELECTION BOARD FOR LT.COL. 1967

(3.) On the 6th of December, 1986, the petitioner submitted his special ACR and itwas to be forwarded to the HQ 101 Area for being put up before the Selection Board.On the 4th of March, 1987, an intimation was given that Number Three SelectionBoard would be held in July, 1987 and, therefore, there was no need for any specialACR. The communication reads as under:-