NIRANJAN PAUL SINGH CHOUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has questioned the validity of impugned Order No. 41620/01/E/B dated 01.10.2002 issued by respondent No. 3 whereby petitioner has been ordered to be retired from service in the rank of Col. w.e.f. 30th Sep.2002. The petitioner has approached this Court seeking further direction to treat him as Brig. holding substantive rank in the Indian Army and further direction for the issuance of an appropriate Notification in the Govt. gazette for substantive promotion as Brig. and consequently allow the benefit of retirement at age of 56 years.

(2.) BRIEFLY stated facts leading to the filing of the present petition are that petitioner joined in the Indian army as 2nd Lieutenant on 14.03.1971. He earned promotion upto the substantive rank of Col. in the year 1993. The promotion from Col. to next higher rank of Brig. is made by the Selection Board constituted under Regulations 67 of the Defence Service Regulation by the Selection Board No. 2. The Board considers the officers of same batch who fall within the consideration zone. The petitioner was considered for promotion to post of Brig. alongwith other officers of 1971 batch by Selection Board No. 2 in its meeting held on 20th and 22nd March,2001. He was recommended for empanelment amongst 14 officers by the Board. The recommendation of the Selection Board came to be approved by the Army Headquarters and Government as is evident from the communication dated 3rd July, 2001 issued by the Army Headquarters to all the Commands. It is mentioned in this communication that the Government has approved the empanelled officers named therein for promotion to the acting rank of Brig. It is further stipulated that the officers will be promoted only subject to availability of vacancies and satisfactory performance and medical fitness. It is also relevant to notice that at the time of initial recruitment in the army, the petitioner was diploma in Civil Engineering and subsequently he acquired the Bachelor of Engineering qualification and is a member of the Army Engineering Corps.

(3.) THAT before the petitioner could be considered for promotion, and while he was holding the rank of Col., the army authorities had issued a communication dated 17.10.2001 whereby list of officers who had to retire by the end of Sept. 2002 was issued. Petitioner's name also figured in the said list who was to retire in the rank of Col. on 30th Sep. 2002 at the age of 54 years. After the approval of the petitioner as Brig. HQ Commands Works Eng. 229 MG Road Lucknow vide its letter dated 17.06.2002 informed the Controller Defence Accounts (Officers) Pune that the petitioner who was due to retire on 30th Sep. 2002 on attaining age of 54 years, has been promoted to the rank of Brig. and posted to Chief Engineer Udhampur Zone, Udhampur.