LT. COL. MAHAVIR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This is a petition for issuance of a writ of mandamus,' certiorari and for a direction to the respondents to include the petitioner's name in the Select Category of officers. The petitioner also seeks a direction to the respondents to consider him at par with the officers of 1972 batch and to promote him to the rank of Col. and also to expunge all the adverse entries, if any, from the record of the petitioner.

(2.) The petitioner was commissioned in the rank of 2nd Lt. on 21-8-71 and took part in the Indo-Pak War of 1971. He was promoted to the rank of Captain in 1974 and was granted permanent commission in 1976. In 1977 he was appointed Staff Officer Grade III in a Brigade level, Headquarter, deployed for Counter Insurgency Operations in Mizoram. In 1979, he was appointed as Camp Commandant of HQ. 11 Infantry Division. He was promoted to the rank of Major in 1982 and was later appointed as GSO II (Intelligence) at HQ 2 Corps, the highest field formation in the Army. He was awarded Vishisth Seva Medal in 1990. He was approved for promotion to the rank of Selection Grade Lt. Col. in 1990 and was actually promoted to the rank of Lt. Col. in 1991. He was appointed as GSO I (Intelligence) at HQ 2 Corps, and was involved in Counter Terrorism Operation 'RAK- SHAK" in Punjab. He was then appointed as GSO I (Intelligence) at HQ 17 Mtn. Division and was posted at Gangtok in the year 1993, and is now qualified to be promoted to the rank of Colonel.

(3.) Petitioner's candidature for promotion to the rank of Col. was rejected when he was considered along with Infantry Officers of 1972 batch by the Selection Board No. 3 in Aug. 1992, and this order was communicated to the petitioner vide Ext. P-II dated 31st March, 1993. Petitioner's name appears at serial number 178 in the list of officers who were considered for promotion to the rank of Col. in Aug. 1992. Petitioner's case was to be considered and reviewed again by the Selection Board in Nov., 1993 but it had to be withdrawn as CR 12192 - 5/93 were not on record. His case was again considered and reviewed by another Selection Board in July 1994, but he was not approved for promotion to the rank of Acting Colonel. This was communicated to the petitioner vide Ext. P-4 dated 1st Nov., 1994. He was further informed vide Ext. P4 that since he had not been approved for promotion on three occasions he was not eligible for further consideration for promotion under the existing rules which means that the petitioner is bound to retire in his present status of a Lt. Colonel.