Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Army Rules Extension of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Army Rules:r.16-A - Extension of service in 'exigency of service' - Senior most Major General in DRDO recommended by Selection Board for promotion as Lieutenant General - Extension of service granted by Presidential orders - Held: President of India was conscious of the fact while granting extension in service to appellant that his case for promotion as Lieutenant General was under consideration - Orders allowing extension of service to appellant so as to enable his claim to be considered for promotion as Lieutenant General, cannot be held to be in violation of statutory provisions - Extension of service granted to the senior most eligible officer for the purpose of consideration of his promotional claim, for all intents and purposes will be deemed to satisfy the parameters of exigency of service, stipulated in r. 16A - Administrative law - Legitimate expectation.Service Law:Promotion - Major General in DRDO - Recommended by Selection Board for promotion as Lieutenant General - Granted extensions to enable his case for promotion to be considered by Appointment Committee of the Cabinet - ACC not granting approval to recommendations, as rules would not permit promotion on extension - Held: Selection Board, out of a panel of four names, had recommended promotion of appellant as Lieutenant General on the basis of his record of service, past performance, qualities of leadership, as well as vision - ACC did not in any manner upset the finding recorded by Selection Board nor did it negate the said recommendation - Therefore, appellant must be deemed to have been found suitable for promotion as Lieutenant General, even by ACC and, as such, appellant deserves promotion to the rank of Lieutenant General from the date due to him and he shall be deemed to have been in service as Lieutenant General till 28.2.2009 and entitled to all monetary benefits which would have been so due to him.Promotion during extension of service - Held: The vacancy against which appellant was considered had arisen well before date of his superannuation, but since Service Selection Board was convened only two days prior to date of his superannuation as Major General, respondents must squarely shoulder the blame and responsibility of the delay - It is not as if the vacancy came into existence after appellant had reached the age of retirement on superannuation - The denial of promotion to him mainly for the reason that he was on extension in service, is unsustainable besides being arbitrary- Therefore, the basis on which the claim of appellant for promotion as Lieutenant General was declined by ACC is rejected - Accordingly, operative part of order of ACC is set aside.Constitution of India, 1950: Arts. 14 and 16 - Claim for promotion - Held: Division Bench of High Court has rightly held that recommendations of Selection Board were merely recommendatory in nature and, therefore, appellant had no fundamental right for promotion solely on the basis of such recommendation - However, non-consideration of claim of appellant would violate fundamental rights vested in him. under Arts. 14 and 16, as respondents were desirous of filling up the said vacancy and appellant being the senior most serving Major General eligible for consideration had fundamental right of being considered against the said vacancy, and also the fundamental right of being promoted if he was adjudged suitable - It was in order to extend the benefit of the fundamental right enshrined under Art. 14 of India, that he was allowed extension in service on two occasions by Presidential orders - By the said orders, respondents desired to treat the appellant justly, so as to enable him to acquire the honour of promotion to the rank of Lieutenant General, in case the recommendation made in his favour by the Selection Board was approved by ACC - The action of authorities in depriving the appellant due consideration for promotion to the rank of the Lieutenant General, would have been arbitrary and resulted in violation of his fundamental right under Art. 14. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 18 |
Petitioner | Major General H.m. Singh, Vsm |
Respondent | Union Of India And Anr. |
SCR | [2014] 1 S.C.R. 270 |
Judgement Date | 2014-01-09 |
Case Number | 192 |
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