{"id":261681,"date":"2022-03-21T19:01:36","date_gmt":"2022-03-21T13:31:36","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=261681"},"modified":"2022-03-21T19:47:59","modified_gmt":"2022-03-21T14:17:59","slug":"major-general-promotion-quash-lt-general","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/top-news-of-the-day\/news\/major-general-promotion-quash-lt-general\/","title":{"rendered":"Supreme Court dismisses plea of Major General to quash promotion of another officer to Lt General"},"content":{"rendered":"\n
The Supreme Court<\/a> has dismissed a plea by Major General Pradeep Kumar Hazija seeking a writ of certiorari for quashing of an order passed by the Ministry of Defence which had approved the empanelment of Major General Rajiv Mohan Gupta, VSM for promotion to the rank of Lieutenant General and equivalent, in the Executive Cadre of the Army Medical Corps, without considering the petitioner for the post as per his entitlement. <\/p>\n\n\n\n The petitioner is due to superannuate from service on March 31, 2022. Therefore, he had also sought to keep a vacant post during the pendency of matter.<\/p>\n\n\n\n Senior Advocate P.S. Patwalia, who appeared for Major General Hazija, submitted before the bench of Justices S. Abdul Nazeer and Justice Vikram Nath that there were 70 people for five vacancies and he was the fifth person recommended for the said post.<\/p>\n\n\n\n The Bench asked Patwalia, “Can we issue writ directing the respondents that you should be given promotion?”<\/p>\n\n\n\n Justice Nazeer said, “How can we ask to give you the promotion?”<\/p>\n\n\n\n The Bench asked the counsel, “Should we dismiss or you are withdrawing?”<\/p>\n\n\n\n Patwalia replied, “I would like to withdraw my petition so that I can pursue remedy in accordance with law.” The bench noted the petition was dismissed as withdrawn.<\/p>\n\n\n\n Also Read: <\/strong>Supreme Court adjourns hearing on plea seeking extra attempt for Civil Services exam due to Covid-19<\/a><\/p>\n\n\n\n The petitioner approached the Apex Court seeking quashing of the order passed by the Secretariat of the Appointments Committee of the Respondents conveying the approval of ACC for the Empanelment of one Major General Rajiv Mohan Gupta, VSM for the promotion to the Rank of Lt. Gen and Equivalent, in the Executive Cadre of the Army Medical Corps, in the Armed Forces Medical Services without considering petitioner for the said coveted rank and post as per his entitlement despite the pendency of civil appeal filed by the petitioner.<\/p>\n\n\n\n The petitioner also urged the Apex Court to direct the Chief of Army Staff, Director General, Armed Forces Medical Services, to keep his retirement in abeyance or reserve one post of Lt Gen falling vacant on 1.4.2021 till outcome of civil appeal pending before the Apex Court, considering his impending superannuation on 31.03.2022.<\/p>\n\n\n\n Also Read: <\/strong>Delhi Riots 2020: Order on Umar Khalid bail plea adjourned to March 21<\/a><\/p>\n\n\n\n The petitioner was commissioned as a medical officer in the Army Medical Corps on 20.12.1984 and reckons security from 06.12.1985. He acquired professional status as a Super-Specialists in Cardiology. The Government of India, Ministry of Defence promulgated a revised promotion policy dated laid down detailed procedure for selection and promotion of AFMS officers of Army, Navy and Air Force.<\/p>\n\n\n\n During 1985-2020, the petitioner performed his duties with sincerity and in his first attempt, he got promoted to rank of Lt Colonel in 1999, Colonel in 2008, Brig in 2016, stated Advocate Pulkit Aggarwal in his writ petition.<\/p>\n\n\n\n The respondents published a letter declaring that Special Promotion Board (SPB) will be held for considering 17 officers of rank of Major General\/equivalent of AFMS, promotion to the rank of Lt General\/equivalent against 5 vacancies of Lt Generals arising in the calendar year of 2021.<\/p>\n\n\n\n