DANAPALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was a 'Major' at the time of retirement from Army Service on 31.8.1997, is aggrieved that he was denied promotion to the rank of 'Lt. Colonel' on the basis of his seniority by considering his case under para 70 of the Defence Service Regulations.

(2.) The petitioner joined the Indian Army in 1963. He was given permanent commission by Service Selection Centre, Bangalore, in 1980. The further commission given to him was as Administrative Officer in the Military Engineering Service in the rank of Lieutenant with effect from 27.7.1981. He got his due promotion as Captain on 27.12.1984 and became Major on 12.10.92. According to him, Ext. P1 letter issued to him stating that he was not approved for promotion to the rank of Acting Lt. Colonel is not a speaking order and the decision erroneous. He also complains that he was not screened by any subsequent Selection Board as assured in para - 3 of Ext. P1.

(3.) The contention of the respondents is that the petitioner could not be screened again as he retired before the next screening was scheduled in August, 1998. As regards the denial of promotion, they stated that the promotion to the post is not by way of seniority; that there was due consideration of his merit by the Selection Board and that on a comparative study, his junior was found entitled to be promoted as Lt. Colonel based on superior overall profile. It is also the case of the respondents that promotions in the Army upto the rank of Major alone go by time scale and that further promotions are through the Selection Boards where annual confidential record alone is not the sole consideration.