Decided on March 19,2007

BRIG.S.B.CHAIL Appellant
UOI Respondents


Thakur, J. - (1.) The petitioner is working as a Brigadier in the Indian Army. He presently holds the appointment of Deputy Director General (Inspector of Records) which oversees and administratively controls 51 Record Offices all over the country. These record offices are responsible for implementation of policies and maintenance of records relating to career management, adjustment of pay and allowances, grant of pension and other welfare measures of the serving regular Indian Army personnel below the officers rank numbering approximately 13 lacs apart from more than 30 lacs ex-servicemen, widows and their next of kins. The petitioner's grievance in the present writ petition is primarily directed against the failure on the part of the respondents to allot a post of Major General to the PC(SL) Record Office cadre to which he belongs despite recommendations of senior officers of the army made at different levels to that effect. The recommendations made from time to time upon which the petitioner places reliance may be enlisted for facility of reference as under: (i) Recommendation made by Major General B.N. Kaul, Additional Director General (MP) on 13th March, 2002 stating that PC(SL) Record Officers cadre provides less promotional avenues to the officers holding the higher ranks which directly affects the efficient functioning of the Record Offices. The recommendation endorsed the justification for upgradation of various PC(SL) Record Officers cadre including the creation/upgradation of a post of Major General for the said cadre. (ii) Recommendation made by Lt. General N. Chatterjee, Director General (MP and PS) dated 21st March, 2002 for upgradation of the appointments enlisted in the same including the creation/ upgradation of a post of Major General for the said cadre. (iii) Recommendation by Lt. General S.S. Grewal (Adjutatn General) dated 21st March, 2002 endorsing the recommendation for creation/upgradation of a post of Major General/PC(SL) Record Officers. (iv) Recommendation made by Lt. General A.S. Jamwal dated 21st August, 2006 for creation of a post of Major General and an Additional Brigadier for the cadre of PC(SL) Record Officers.
(2.) The petitioner has submitted, through the proper channel, a proposal for upgradation of the post and appointment of Deputy Director General MP8 (Inspector of Records) to the rank of Additional Director General (Records) Major General. A copy of the said proposal has been placed on record as Annexure-P4 in which the petitioner has inter alia pointed out that the proposal for upgradation of the appointment has been supported at various levels in the military hierarchy when forwarded for their consideration. The proposal identifies at length the reasons which justify the proposed upgradation of the existing post of Brigadier to that of Major General. Apart from the over all increase in the strength of the Indian Army which has touched 13 lacs, the proposal cites the increase in the number of ex-servicemen, widows and their dependents numbering approximately 30 lacs as a ground for creation of a post of Major General at the top of the pyramid. The proposal draws a comparison between the PC(SL) Record Officers cadre and other cadres in the Army, and tabulates the result of the comparative study as under : JUDGEMENT_427_ILRDLH16_2007Html1.htm
(3.) The petitioner's case now is that despite the submission of the proposal and the support that it has received from senior officers holding the ranks of Major General and Lt. General who are familiar with the working of the records office, the Government have not favourably viewed the issue nor taken any steps for either creation of a post of Major General for PC(SL) Officer Cadre nor considered the proposal for appointment against the same. A mandamus directing the respondents to consider the proposal for upgradation of the post of DDG MP-8 (IOR) to Major General ADG (Records) has, therefore, been prayed for apart from other incidental directions including a writ of prohibition restraining the respondents from retiring the petitioner on 31st March, 2007 and to retain him in service against supernumerary strength till such time the issue regarding creation/upgradation of the post is finally decided at the appropriate level.;

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