JUDGMENT

J.M. Panchal, J.

This appeal is directed against judgment dated October 10, 2002, rendered by the Division Bench of High Court of Punjab and Haryana at Chandigarh in CWP No. 10037 of 2002, by which the appellants are directed to consider the case of the respondent for promotion to the rank of Major General in accordance with the Rules and his service profile in the Army Aviation Corps.

2. The relevant facts emerging from the record of the case are as under: The respondent was commissioned in the Indian Army in the Regiment of Artillery on June 23, 1968 in the rank of Second Lieutenant. After grant of Commission, the seniority of the respondent was re-fixed with effect from August 21, 1969. Thus, for the purpose of promotion and career advancement, he became an officer of 1969 Batch. The Government of India, Ministry of Defence, sanctioned formation of a nucleus Additional Directorate General Army Aviation at Army Head Quarters by order dated October 29, 1986. The selection grade vacancies including the post of Major General were to be from within the sanctioned cadre of the Army and were to remain unfilled for a period of one year till the post of Additional Director General Army Aviation was sanctioned by the Government of India. The Chief of Army Staff approved the establishment of a permanent cadre of officers for the Army Aviation Corps by an order dated April 17, 1997. In the said order/letter, it was mentioned that the cadre initially would have 15% permanent officers and 85% would be borrowed from the other cadres and would be built up in a graduated manner to 100% permanent cadre. By the said letter, cadre structure was formulated. Regarding allocation of vacancy in the rank of Major General to permanent cadre, it was mentioned that it would be decided later. The initial induction was to be on voluntary basis with an irrevocable one time option. It was also provided by the said order that Aviation Corps Officers would be eligible for induction into general cadre on the lines as officers of supporting Arms, i.e., after selection based on positive recommendation in designated Command and staff assignment. In May, 1997 the respondent was promoted to the rank of Brigadier in the Regiment of Artillery. On September 1, 1997 a letter was issued by Army Head Quarters seeking application from volunteers for transfer to Army Aviation as per the terms and conditions set out in the letter/order dated April 17, 1997 passed by the Chief of Army Staff. The record shows that the President of India approved following Peace Establishments of Army Aviation: -

a) Additional Directorate General Army Aviation, at Army Head Quarters.

b) Command (Aviation) Branch at Eastern, Western and Northern Commands.

c) Command (Aviation) Branch Southern and Central Commands. The President also sanctioned selection grade ranks as under: -

(a) Major General -

1 (Offset provided Ex Pay Commission Cell).

(b) Brigadiers –

7 ........................ It was also mentioned in the said order that three selection grade ranks of Brigadiers for which offsets have not been identified would remain suppressed till suitable offsets were identified by the SD Directorate and removal of this suppression would be carried out in consultation with MOD (Fin.). The decision of the President was communicated by the Government of India, Ministry of Defence, New Delhi vide communication dated November 27, 1997 to the Chief of the Army Staff. Along with the communication dated November 27, 1997, appendix A was also sent which was in the following terms: -

"Appendix A to Government of India, Ministry of Defence letter No. 00659/PE/Misc./AA-5/ 1875/DO-1/D(GS-I) Dated 27 Nov., 1997. (The information given in this document is not to be communicated decision directly or indirectly to the press or to any person not authorized to receive it) PE No. 00659/PE/Misc.AA-5/ 1975/DO-1/D(GS-1) Dt. 27th Nov., 1997 (Three pages)

ADDITIONAL DIRECTORATE GENERAL ARMY AVIATION ARMY HEAD QUARTER