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Major General H. M. Singh, VSM v. Union of India and another

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 192 of 2014)Decided 9 Jan 2014
Civil Appeal No. 192 of 2014
Justice A.K. Patnaik · Justice J.S. Khehar

Background

A senior eligible Major General sought promotion to a Lieutenant General vacancy that arose well before his retirement. A Selection Board recommended him shortly before retirement, and his service was extended while approval remained pending. The Appointments Committee rejected promotion because he was serving on extension, and the High Court upheld that decision.

Decision Breakdown

The Supreme Court allowed the appeal and directed promotion from the date due, with consequential pay and retirement benefits. The vacancy had existed while the officer still had 14 months of ordinary service remaining, and administrative delay had pushed consideration beyond retirement. Restrictions against extending service to await a future vacancy did not fit those facts. Although a Selection Board recommendation is not automatically binding, the approving authority had given no merit-based reason to reject this officer's suitability. He was deemed to continue as Lieutenant General until the corresponding retirement age of 60, with monetary benefits to be released within three months of receipt of the certified order.

Lesson Learnt

An authority must give lawful reasons when rejecting a recommended promotion. Its own delay cannot fairly defeat consideration for a vacancy that existed while an eligible employee was still serving, although eligibility alone does not guarantee every promotion.

Official source (sci.gov.in)View Judgment (PDF)

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