L. Nageswara Rao, J. - (1.) The First Respondent was commissioned as Second Lieutenant in the Army through the National Defence Academy on 11.06.1967. He was promoted as Lieutenant Colonel, Colonel and Brigadier. While he was working as Brigadier, he was appointed as Defence Attach /Military Attach in the United States of America on 16.05.1996. Before proceeding to join the said post, the First Respondent signed an Adverse Career Certificate, stating that he will accept any adverse effect on his future career in terms of not being adequately exercised, non-detailment on career courses/subsequent courses, and delay in subsequent promotion etc. During the course of his stay in the USA, the Chief of Army Staff ('COAS') approved a change in the assessment of officers, by doing away with figurative assessment of Defence Attach s/Military Attach s in the matter of finalizing their Annual Confidential Reports. By an office order dated 07.04.1998, the method of figurative assessment in personal qualities and box-grading of Defence Attach s/Military Attach s was dispensed with. Pen- picture assessment of officers holding the listed appointments was retained. After returning to India on completion of his tenure as a Defence Attach /Military Attach , the First Respondent requested for a 'look' for the National Defence College (NDC), 2000 course.
(2.) The First Respondent was considered for nomination to NDC, 2000 course. The First Respondent voiced his grievance regarding the dispensation of figurative assessment of his confidential reports as Defence Attach /Military Attach . In response to the representation made by the First Respondent, the Military Secretary informed the First Respondent that figurative assessment in the confidential reports of Defence Attach s/Military Attach s was re-introduced in 2000 with prospective effect.
(3.) The First Respondent was considered for promotion as Major General but was not empanelled due to the absence of NDC weightage. A Non-Statutory Complaint was preferred by the First Respondent, aggrieved by his non-empanelment as Major General, which was rejected on 07.11.2000. The First Respondent was further denied consideration for nomination to NDC for the year 2001. The First Respondent filed a Statutory Complaint regarding his supersession to the post of Major General, in which he contended that the order by which the Non-Statutory Complaint was rejected did not consider various claims made by him, including the one pertaining to conversion of the confidential reports for the years 1997 and 1998. He emphasized the injustice done to him by not considering his nomination for the NDC course during his tenure as Defence Attach /Military Attach . He raised other grounds in support of his case that he was unjustly superseded. Pursuant to the recommendations of the Special Selection Board, the First Respondent was found fit for promotion as Major General. On promotion, the First Respondent was posted as GOC, 11th Infantry Division. The Statutory Complaint filed by the First Respondent regarding his supersession for promotion to Major General in the year 2000 was rejected by the Chief of Army Staff by a letter dated 14.03.2000.;