UNION OF INDIA Vs. S L DUTTAS
LAWS(SC)-1990-11-68
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on November 16,1990

UNION OF INDIA Appellant
VERSUS
S.L.DUTTA Respondents





Cited Judgements :-

DHIRENDRA CHANDRA DAS AND ORS. VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-12-17] [REFERRED TO]
STATE OF HARYANA AND OTHERS VS. GHANSHAYAM DASS SHARMA [LAWS(P&H)-2010-12-703] [REFERRED TO]
DSIDC WORKERS UNION REGD VS. DELHI STATE INDU DEVP CORPORATION DSIDC [LAWS(DLH)-1999-8-42] [RELIED [PARA 6]]
ASHA RANI VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1999-8-99] [REFERRED]
KULVINDER SINGH SETHI VS. PUNJAB AND SIND BANK [LAWS(DLH)-1999-9-83] [REFERRED]
COASTAL PAPERS LTD VS. GOVERNMENT OF INDIA [LAWS(APH)-1994-12-42] [REFERRED TO]
VINOD KUMAR VS. UNION OF INDIA [LAWS(DLH)-2016-5-66] [REFERRED TO]
BLA POWER PVT. LTD. VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-10-56] [REFERRED TO]
RAMA CHANDRA PADHI VS. CHAIRMAN [LAWS(ORI)-2016-2-81] [REFERRED TO]
KSANKUPAR TYNSONG VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-11-9] [REFERRED TO]
DHOLE GOVIND SAHEBRAO VS. UNION OF INDIA [LAWS(SC)-2015-3-87] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD VS. DIBYENDU BHATTACHARYA [LAWS(SC)-2010-10-15] [REFERRED TO]
HARDEV SINGH VS. UOI [LAWS(SC)-2011-9-27] [REFERRED TO]
ANIL KUMAR SHARMA AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-4-31] [REFERRED TO]
S PURUSHOTHAM VS. STATE OF A P [LAWS(APH)-2006-8-31] [REFERRED TO]
SAPAM NISHIKANTA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1995-3-4] [REFERRED TO]
ALL ASSAM EXTANTION OFFICERS CREDIT ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-1998-9-15] [REFERRED TO]
HITLER TALUKDAR VS. BOARD OF SECONDARY EDUCATION, ASSAM AND OTHERS [LAWS(GAU)-2006-2-83] [REFERRED TO]
BRAJENDRA TRIPURA AND OTHERS VS. STATE OF TRIPURA AND OTHERS [LAWS(GAU)-2012-7-111] [REFERRED TO]
LAKSHMAIAH VS. SUPERINTENDING ENGINEER ELECL KEB [LAWS(KAR)-1995-1-59] [REFERRED TO]
PRAVIN S/O UDDHAVRAO GHATGE VS. VASANTRAO NAIK MARATHWADA KRISHI VIDYAPEETH [LAWS(BOM)-2015-6-17] [REFERRED TO]
JITENDRA NATH RAI VS. STATE OF UP [LAWS(ALL)-2010-8-159] [REFERRED TO]
M C JOSHI & OTHERS VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2010-7-418] [REFERRED]
DEEPAK TANDON VS. J AND K BANK LIMITED [LAWS(DLH)-2000-5-10] [REFERRED]
SURINDRA AGRICULTURE FERTILIZERS AGENCY VS. UNION OF INDIA [LAWS(HPH)-2001-9-20] [REFERRED TO]
RAMESH CHAND VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2014-4-89] [REFERRED TO]
SUMIT JOSHI VS. UNION OF INDIA [LAWS(DLH)-2012-7-199] [REFERRED TO]
S P SHIVPRASAD PIPAL VS. UNION OF INDIA [LAWS(SC)-1998-4-102] [APPLIED]
INDIAN AIRLINES OFFICERS ASSOCIATION VS. INDIAN AIRLINES LTD [LAWS(SC)-2007-7-85] [REFERERD TO]
DHAMPUR SUGAR KASHIPUR LTD VS. STATE OF UTTRANCHAL [LAWS(SC)-2007-9-89] [REFERRED TO]
SATISH JAMWAL AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-11-74] [REFERRED TO]
UNNIKRISHNAN VS. STATE OF KERALA [LAWS(KER)-1999-10-72] [REFERRED TO]
UNION OF INDIA VS. SWAPNANEEL DEKA [LAWS(GAU)-2013-5-36] [REFERRED TO]
SADHNA HIMANSU BUCH VS. STATE GOVERNMENT OF GUJARAT AND OTHERS [LAWS(GJH)-2016-7-369] [REFERRED TO]
SAURABH DUBEY AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-5-300] [REFERRED TO]
GAZETTED HEADMASTERS PRADESHIK SANGH VS. STATE OF M.P. [LAWS(MPH)-2014-9-109] [REFERRED TO]
UNION OF INDIA AND ANOTHER VS. RAM CHANDRA CHAUHAN AND OTHERS [LAWS(MPH)-2018-1-425] [REFERRED TO]
U P VIDYUT MAZDOOR SANGH KANPUR VS. U P STATE ELECTRICITY BOARD SHAKTI BHAWAN LUCKNOW [LAWS(ALL)-1997-7-44] [REFERRED TO]
HEMANT R MHATRE AND ORS VS. UNION OF INDIA AND ORS [LAWS(BOM)-2018-4-63] [REFERRED TO]
UNION OF INDIA VS. P LAL, IPS [LAWS(P&H)-2001-7-110] [REFERRED TO]
S S BOLA VS. B D SARDANA [LAWS(SC)-1997-7-116] [RELIED ON]
D.K. GARG VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-1-15] [REFERRED TO]
STATE OF TRIPURA VS. RAJU GHOSH [LAWS(CHH)-2013-3-41] [REFERRED TO]
MARSHAL HARISH MASAND VS. UNION OF INDIA [LAWS(DLH)-2004-11-87] [REFERRED TO]
CHETANKUMAR SURESHBHAI PATEL VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(GJH)-2016-6-201] [REFERRED TO]
RAM KUMAR KORI VS. DIRECTOR, TREASURY, ACCOUNTS AND PENSION, RAIPUR [LAWS(CHH)-2007-2-52] [REFERRED TO]
BENGIA MACK VS. UNION OF INDIA [LAWS(GAU)-2005-8-34] [REFERRED TO]
HUKUM SINGH NEGI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-9-19] [REFERRED TO]
KERALA PANCHAYAT EXECUTIVE OFFICERS ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-1994-11-77] [REFERRED TO]
TAMILNADU GOVT STATISTICS SUBORDINATE OFFICERS ASSOCIATION VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-10-209] [REFERRED TO]
J B DILAWARI VS. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH [LAWS(P&H)-1995-3-42] [REFERRED TO]
MADHU SAHU AND ORS. VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-11-6] [REFERRED TO]
MIRTA LINA PRIVATE LIMITED VS. LIFE INSURANCE CORPORATION OF INDIA & ORS. [LAWS(CAL)-1999-8-56] [REFERRED TO]
SUNIL KUMAR SHARMA AND ANOTHER VS. STATE OF U.P. [LAWS(ALL)-2017-10-324] [REFERRED TO]
STATE OF U P THROUGH PRINCIPAL SECRETARY JAIL ADMINISTRATION AND ANOTHER VS. MADHUSUDAN DUTT TRIPATHI S/O AYODHYA NATH TRIPATHI AND ANOTHER [LAWS(ALL)-2017-4-402] [REFERRED TO]
NIRMAL CHANDRA SINHA VS. UNION OF INDIA [LAWS(APH)-1999-12-6] [REFERRED TO]
DR. YUDHISTHIR DAS VS. STATE OF TRIPURA & OTHERS [LAWS(GAU)-1994-6-33] [REFERRED]
RUP NARAYAN PRADHAN VS. MRINAL KR ROY [LAWS(GAU)-2009-6-43] [REFERRED TO]
VENHNUAITHANGA VS. STATE OF MIZORAM [LAWS(GAU)-1999-10-2] [REFERRED TO]
RAJENDRA YADAV VS. UNION OF INDIA [LAWS(DLH)-1999-12-96] [REFERRED]
SHILPA JINDAL VS. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH CHANDIGARH AND OTHERS [LAWS(P&H)-2016-4-153] [REFERRED TO]
B H E L Mazdoor Sangam VS. Bharat Heavy Electricals Limited [LAWS(MAD)-2005-1-40] [REFERRED TO]
CHANDRA KISHORE SINGH VS. STATE OF BIHAR [LAWS(PAT)-1996-4-40] [REFERRED TO]
INDIAN CHARGE CHROME LTD VS. UNION OF INDIA [LAWS(ORI)-2001-5-15] [REFERRED TO]
SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE VS. KITEX GARMENTS LIMITED [LAWS(KER)-2021-12-144] [REFERRED TO]
AWADESH KUMAR SHRIVASTAVA VS. STATE OF M P [LAWS(MPH)-2011-12-2] [REFERRED TO]
SHYAM NARAYAN SHARMA VS. STATE OF M P [LAWS(MPH)-2010-7-80] [REFERRED TO]
V V BARVE VS. GOVT OF GUJARAT [LAWS(GJH)-2017-10-24] [REFERRED TO]
AMALIYAR JAYESHKUMAR VICHIYABHAI VS. STATE OF GUJARAT [LAWS(GJH)-2007-9-4] [REFERRED TO]
SWAPNANEEL DEKA VS. UNION OF INDIA [LAWS(CA)-2012-9-2] [REFERRED TO]
ANNIE NAGARAJA AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-9-31] [REFERRED TO]
LT COL SHRAWAN KUMAR JAIPURIYAR VS. UNION OF INDIA [LAWS(DLH)-2012-5-542] [REFERRED TO]
V BANSAL VS. IIT KANPUR [LAWS(ALL)-1992-7-19] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD. AND ORS. VS. DIBYENDU BHATTACHARYA [LAWS(SC)-2010-2-98] [REFERRED TO]
RAM MOHAN KUSHWAHA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-12-104] [REFERRED TO]
RAM DARSHAN CHOUDHARY VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2013-3-92] [REFERRED TO]
PATEL RAKESHBHAI PRABHUBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2022-2-393] [REFERRED TO]
S S SHRIVASTAVA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2005-10-35] [REFERRED TO]
LT GENERAL RAJENDRA SINGH KADYAN VS. UNION OF INDIA [LAWS(DLH)-1998-12-22] [REFERRED]
NAROTE AMOL SADASHIVRAO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-3-91] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. MATERIAL ORGANISATION GHATKOPAR [LAWS(BOM)-2018-4-196] [REFERRED TO]


JUDGEMENT

Kania, J. - (1.)The question raised in the Special Leave Petition is of some importance and hence we grant Special Leave, as prayed for.
(2.)We have heard Counsel for both the parties and we propose to dispose of the appeal at this stage.
(3.)The appellants before us are the Union of India, Chief of Air Staff and the Secretary to the Government of India, Ministry of Defence, respectively. Respondent No. 1 was commissioned in the Indian Air Force on July 17, 1954 and had an unblemished service record. In course of time he was promoted to the post of Air Vice-Marshal. He belonged to the Navigation Stream of the Indian Air Force. When he was due to be considered for promotion to the post of an Air Marshal, the policy for promotion to the posts of Air Marshals in the Indian Air Force was changed by the Ministry of Defence Government of India, by its Memo dated October 9, 1987. As per this revised policy which we shall consider in some detail a little later, the prospects of an officer in the Navigation Stream of the Air Force earning a promotion to the post of an Air Marshal were substantially reduced. At the relevant time respondent No. 1 was the seniormost Air Vice-Marshal in the Navigation Stream. Probably, on account of the change in the policy, respondent No. 1 was unable to secure promotion to the post of an Air Marshal and he retired as an Air Vice Marshal on October 31, 1988. Before he retired, respondent No. 1 filed a writ petition in the Gauhati High Court on September 5, 1988, challenging the new promotion policy in respect of the posts of Air Marshals. On September 16, 1988, an interim order was made by the Gauhati High Court directing the Union of India to constitute a Selection Board and consider the case of respondent No. 1 for promotion on merits without reference to the new policy. The appellants challenged this order by way of a Special Leave Petition. This Court granted Special Leave and allowed the appeal of the. appellants on October 4, 1988, holding that the interlocutory order passed by the High Court was erroneous and setting aside the same. On October 31, 1988, respondent No. 1 retired as an Air Vice-Marshal. On February 15, 1990, a Division Bench of the Gauhati High Court allowed the writ petition filed by respondent No. 1 holding, inter alia, that the new promotion policy was not framed after an in depth study and directed that the case of respondent No. 1 be considered on the basis of the previous policy. It is this decision which is assailed before us in this appeal.
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