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2019 DIGILAW 313 (SC)

Union Of India v. Maj Gen V. k. Singh

2019-01-25

A.K.SIKRI, S.ABDUL NAZEER

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ORDER 1. Permission to file appeal is granted. 2. After hearing learned counsel for the parties, this Court had passed detailed Order dated 04.01.2019 and directed the appellants to consider the candidature of the respondent herein for the post of Lieutenant General by the review Special Selection Board ("SSB") on the basis of promotion policy that was in existence in October, 2017. 3. Mr. Aman Lekhi, learned Additional Solicitor General, submits that pursuant to the aforesaid direction, SSB had met on 19.01.2019. He has produced the outcome of the proceedings conducted by the said SSB in a sealed cover. We have opened the sealed cover and perused the Minutes of the SSB. As per these Minutes, the SSB has not recommended the respondent herein as well as one more Officer, whose case was also considered for promotion to the rank of Lieutenant General on the ground that they do not exceed the benchmark of 1983 and 1982 Batch of General Cadre respectively. 4. In view thereof, it is not possible to continue the respondent in service as in the post of Major General he had already attained the age of superannuation. The directions of the Armed Forces Tribunal to this effect is set aside and the appeal is allowed to the aforesaid extent. 5. We, however, make it clear that it would always be open to the respondent to make a representation against the recommendations of the SSB and/or take any other steps in accordance with law. Insofar as the question as to whether the Armed Forces Tribunal has jurisdiction to pass any such direction, that question is left open. 6. The application of impleadment is dismissed. 7. Pending applications, if any, stand disposed of.