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High Court Of Delhi
AIR VICE MARSHAL T.S.CHHATWAL - Appellant
Versus
UNION OF INDIA - Respondent
W.P. 879 of 2004
Decided On : 11/08/2004
Promotion - Indian Air Force - National Defence Academy - Air Vice Marshal - Air Marshal - Promotion Policy - Extension of Service - Board Marks - Quashing of Promotion Policy
Fact of the Case:
The petitioner, an Air Vice Marshal in the Indian Air Force, challenged the promotion policy and the refusal to grant him an extension of service. The court found discrepancies in the assessment of the petitioner's performance and quashed the promotion policy of 2002, leading to the quashing of promotions made pursuant to the policy.
Finding of the Court:
The court found that the petitioner's outstanding service record was not duly considered in the assessment for promotion, and the promotion policy attributing disproportionate marks had affected the career prospects of the petitioner. The court also noted the irrationality and arbitrariness in the assessment of Board Marks, leading to the quashing of the promotion policy and promotions made under it.
Issues: The issues revolved around the assessment of the petitioner's performance for promotion, the refusal to grant him an extension of service, and the validity of the promotion policy and Board Marks assessment.
Ratio Decidendi: The court held that the assessment of the petitioner's performance and the allocation of Board Marks were irrational, arbitrary, and not based on relevant considerations, leading to the quashing of the promotion policy and promotions made under it.
Final Decision: The court quashed the promotion policy of 2002 and the promotions made pursuant to the policy, granting relief to the petitioner in line with the decision in AVM Masand's case.
( 1 ) RULE D. B.
( 2 ) THE detailed reasons have been given by us in quashing the policy of promotion pertaining to the promotion of AVM Harish Masand in WP (C) No. 1035/2004 filed by AVM Masand. As the question raised in both the petitions were almost similar, the reasonings rendered in avm Masand s case holds good in this case as well. However, some other facts and distinguishing features which are not mentioned in the said judgment are deliberated in this judgment.
( 3 ) THIS petition has been filed by the petitioner. Petitioner passed out from National Defence Academy khadakvasla with rare distinction of bagging two medals including one for being the best All-Round Air Force cadet in 1965 and was commissioned as Pilot Officer in the Indian Air Force on 31. 12. 1967. He was promoted as flying Officer on 31. 12. 1968 and during the Liberation war of Bangladesh, the petitioner flew maximum number of sorties beyond the enemy lines in the most hostile environment, the same has been well documented in the records of 1971 War. He was promoted as Flight lieutenant and selected to undergo Qualified Flying instructor s course during the year 1973-74 and during 1976-77 petitioner recorded highest number of sorties amongst his other colleagues of the Flying Instructors school. He was selected for deputation to the Government of Iraq from October, 1977 to October, 1979 to impart Jet- flying training to their pilots. He was promoted as squadron Leader in 1978 and was awarded Vayu Sena Medal for flying excellence and gallantry in January, 1984. He was promoted to the rank of Wing Commander on 8. 10. 1984 in the very first Promotion Board. He was awarded president award of Shaurya Chakra for demonstrating exceptional gallantry and for creating the world record in July, 1984 by flying 42 combat missions in a single day in the face of the enemy in the most arduous and inhospitable terrain of Siachin Glacier. He airlifted 23 tons of essential load and ammunition single handedly in one day. According to the petitioner this finds mention in the Limca Book of Records and was duly acknowledged by the Guinness Book of World Records. He was promoted in 1989 as Group Captain. In 1993 Presidential Award of ati Vishisht Seva Medal as a Group Captain on the helicopter Stream was awarded. Thereafter he was promoted as Air Commodore and was posted as Deputy director General, Defence Planning Staff and thereafter posted in the Ministry of Defence as Secretary, Kendriya sainik Board. His next promotion to the rank of Air Vice marshal was made on 1. 10. 2001. He was posted as additional Director General, National Cadet Corps. The ground taken by the petitioner with regard to the promotion policy from Air Vice Marshal to Air Marshal was brought into force by respondents 1 and 2 on 15. 3. 2002 is the same as taken by Air Vice Marshal Harish Masand in his writ petition [wp (C) No. 1035/2004]. The same is not repeated here.
( 4 ) THIS Court has dealt in detail the promotion policy and its effect as well as the notings of the ministry of Defence as to how on account of disproportionate marks given by the Promotion Board petitioner has suffered. In the case of the petitioner another important factor which has to be borne in mind was that in spite of such an outstanding record of service the petitioner was not granted extension of one year as Air Vice Marshal. He filed a Civil Writ petition No. 7595/2003 in which the following order was passed by this Court on 18. 12. 2003 :-
"this petition was filed by the petitioner against refusal of the respondent to grant him extension in service by one year. During the pendency of the petition, the representation of the petitioner was disposed of by an order dated 11th December, 2003. The grounds for not granting extension of the term are contained in para No. 2 of the said letter which reads as under:- "2. The statutory complaint of the officer was considered by the Government. The laid down criteria gov
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