DALJIT SINGH DHILLON Vs. UNION OF INDIA

JUDGEMENT

(1.) Lt. Col. Daljit Singh Dhillon has invoked the writ jurisdiction of this Court for directing the respondents to reconsider his case for promotion to the rank of Colonel in view of his excellent and above average record of service on the basis of his entitlement due to change in the Qualitative Requirement.

(2.) The petitioner was commissioned into the Armoured Corps of the Army on 23rd December, 1968, and was promoted to the ranks of Lieutenant, Captain and higher ranks in due course of time. In 1986, he was promoted to the rank of Lt. Colonel. When his case was considered for further promotion, he was not found fit for promotion to the rank of full Colonel. Aggrieved against the same, the petitioner submitted a statutory complaint to the Chief of the Army Staff which was accepted on 13th April, 1988, and a direction was issued that the petitioner should be retained on the panel of 47 Armed Regt. and be given command only after being approved for Colonel by the Selection Board as per new policy for Command. The request of the petitioner for posting on staff appointment was also accepted. However, in December, 1988, when the occasion for making the first review of the petitioner's case arose, instead of doing the same, the petitioner was considered for the rank of acting Colonel as a fresh case and was rejected. This rejection has been challenged by the petitioner on the ground that the respondents were duty bound to consider the review the case of the petitioner for further promotion and not as a fresh case at the initial consideration.

(3.) In reply to the writ petition, the respondents have tried to justify their action by pleading that the petitioner has two more chances of being selected for promotion and final supersession after three considerations has no bearing on the petitioner's case because he has been rejected only once so far and will be considered again in due course of time.