MAJOR GENERAL (RETD ) H M SINGH Vs. UNION OF INDIA (UOI) THROUGH THE SECRETARIAT OF THE APPOINTMENTS COMMITTEE OF THE CABINET, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPT OF PERSONNEL AND TRAINING

JUDGEMENT

(1.) Petitioner seeks Writ of Certiorarified Mandamus to quash the order declining to promote the Petitioner to the rank of Lt. General and order retiring him from service and to consider promotion of the Petitioner to the rank of Lt. General.

(2.) Brief facts which led to the filing of the Writ Petition are as follows:

(3.) Union of India filed counter stating that on 29.2.2008 Petitioner already retired as Major General and that while he was in extension, promotion was not possible. According to UOI, as per policy of Government appointments against such posts can be made only after the recommendations of the Selection Board are approved. Further contention of Union of India is that ACC has not approved promotion of the Petitioner and the same cannot be challenged.