Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Armed Forces |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Armed Forces – Promotion – Appointment to the post ofDirector General Medical Services, Army (DGMS, Army) – Petitionerwas promoted to the rank of Lieutenant General and gainedeligibility for the post of DGMS (Army) – He was also the seniormost person in feeder rank – However, Director General, ArmedForces (Medical) Services (DGAFMS), after considering his casealong with another Lieutenant General ‘S’, recommended ‘S’,though the petitioner was senior to him – Aggrieved, Petitionerapproached Armed Forces Tribunal (AFT), which decided in hisfavour – Appeal was filed by Union of India before the SupremeCourt, which directed by judgment dated 01.08.2018 that the matterbe placed before the Raksha Mantri to consider as to who wouldbe entitled to the appointment to the post of DGMS (Army) – RakshaMantri decided that the post be manned by a person other than thepetitioner – Petitioner filed Miscellaneous Application in the saidappeal – However before the listing of the application, respondentno.4, DGMS (Air) was recommended for appointment of DGMS(Army), who joined the new post on 10.08.2018 – Writ Petition –Held: Government has itself taken decision on 10.7.1992 whichmentions the eligibility conditions for this post and also laid downthe criteria which has to be adopted while deciding the person whowould be eminently suited to hold such a post – In instant case, firstfundamental error had occurred in lateral shifting of respondentno.4, DGMS (Air) and considering his candidature along withothers, it was contrary to the guidelines/decision of Governmentdated 10.07.1992 – The Guidelines permit such a lateral shifting‘only in exceptional circumstances’ and no such exceptionalcircumstances were stated anywhere on basis of which this move oflateral shifting was justified – Furthermore, the guidelines mentionscriteria of ‘inter se seniority’ and ‘suitability’ while deciding the person who would be eminently suited to hold such a post –DGAFMS/COAS got a wrong impression from the judgment dated01.08.2018 that “comparative merit” of the officers was to beadjudged and for that purpose better method was Overall AveragePerformance (OAP) – Guidelines do not stipulate the criteria on“comparative merit” – It was categorically stated in judgment dated01.08.2018 that if the senior most person is competent to hold thepost he is to be given preference – Norm of OAP was wrongly applied– Thus, respondents directed to appoint petitioner as DGMS (Army)and the appointment of respondent no.4 as DGMS (Army) set aside. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 1013 |
Petitioner | Lt. Gen. Manomoy Ganguly, Vsm |
Respondent | Union Of India And Others |
SCR | [2018] 13 S.C.R. 703 |
Judgement Date | 2018-10-29 |
Case Number | 980 |
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