UNION OF INDIA Vs. KRISHAN GOPAL PURI

JUDGEMENT

(1.) This is an appeal against order 10.7.1991 passed by the learned Single Judge in C.W.P. No. 3404 of 1990 vide which he directed the appellant to review the confidential reports of the respondent in accordance with the averments made in C.W.P. No. 10222 of 1988 and then consider him for promotion on every such occasion when persons junior to him were considered and grant him promotion w.e.f. the date he is found suitable.

(2.) Respondent-Krishan Gopal Puri was commissioned in the Indian Army on 30.6.1963. He was promoted as Lieutenant w.e.f. 30.6.1965, as Captain w.e.f. 30.6.1966 and as Major w.e.f. 30.6.1971. Vide letter dated 13.5.1983 (Annexure PS with the writ petition), he was informed that his case for promotion to the rank of Lt. Colonel had been considered by the appropriate Selection Board but he had not been placed in the acceptable grade for such promotion and, therefore, he was no longer eligible for further consideration for promotion. The statutory complaint filed by him was rejected by the Central Government vide order dated 10.4.1987 (Annexure P6 in the writ petition).

(3.) The respondent challenged communication dated 13.5.1983 and order dated 10.4.1987 in C.W.P. No. 10222 of 1988 which was disposed of by the Division Bench on 3.5.1989. The relevant extract of the order passed by the Division Bench is reproduced below :-