UNION OF INDIA (UOI) Vs. BRIJ PAL TANWAR

JUDGEMENT

(1.) AGGRIEVED by judgment dated 18.9.2007 in WP(C) No. 87/07 the respondent therein preferred the present appeal.

(2.) THE sole respondent herein joined the Indian Air Force on 4.11.1988 as a Regular Airman. Presently he is serving as a Sergeant. The complaint of the respondent/writ petitioner in the writ petition was that the Airmen junior to him were illegally included in the promotion panel for the year 2006 -07 for promotion to the next higher grade of Junior Warrant Officer (JWO) and he was illegally excluded from the consideration for promotion on the basis of certain instructions contained in a Circular dated 23.(sic)2002 issued by the Chief of Air Staff. According to the petitioner such instructions are in contravention of the guidelines issued by the Government of India from time to time known as "Air Force Instructions". According to the petitioner the instructions issued by the Government of India are statutory in nature whereas the instructions issued by the Chief of the Air Staff are unauthorized by law.

(3.) THE relevant instruction of the Government of India in the context of promotion to the post of JWO is as follows: