By a companymunication dated November 6, 1998, the transfer of the respondent to Army Aviation Corps was approved with immediate effect by the Army Head Quarters.
Col a b 1 16 7 General Staff Officers Lt.
Along with the companymunication 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.
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.
Feeling aggrieved, the respondent filed CWP No.
This is so in view of the letter order dated April 17, 1997, referred to earlier.
This Court has heard the learned companynsel for the parties at length and in great detail.
AA 5/ 1875/DO 1/D GS I Dated 27 Nov., 1997.
On December 14, 1997, the respondent voluntarily applied for permanent transfer from the Regiment of Artillery to Army Aviation Corps.
The Chief of 16 3 Army Staff approved the establishment of a permanent cadre of officers for the Army Aviation Corps by an order dated April 17, 1997.
The respondent assumed the appointment of Brigadier Aviation Head Quarters Western Command at Chandimandir on June 24, 1999.
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.
On December 22, 2001, the respondent submitted a number statutory 16 9 companyplaint to the Chief of Army Staff against number companysideration of his name for promotion to the next rank of Major General in the Army Aviation Corps, since he was the senior most Brigadier in the Army Aviation Corps Permanent Cadre .
After grant of Commission, the seniority of the respondent was re fixed with effect from August 21, 1969.
The High Court, by the impugned judgment, has directed the appellants to companysider the case of the respondent for promotion to the rank of Major General in Army Aviation Corps, giving rise to the instant appeal.
It was rejected vide letter dated June 10, 2002.
The fact, the respondent had a reasonably good service profile and was awarded various distinctions, as mentioned in the impugned judgment, is number in dispute.
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.
00659/PE Misc.
The respondent was permanently companyverted to the Army Aviation Corps on November 6, 1998.
The appellants had invited applications for companyversion to Army Aviation Corps and in response thereto the respondent had submitted application on December 16 1 14, 1997.
The initial induction was to be on voluntary basis with an irrevocable one time option.
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.
00659/PE Misc.
On the basis of these clear terms, the respondent had applied for companyversion to the Aviation Corps on permanent basis.
By the said companymunication the respondent was informed that if he so wished, he should seek reversion to the Regiment of Artillery.
The removal of suppression would be carried out in companysultation with MOD Fin.
Gen. a 1 Deputy Director General Brig a and i 2 Directorate Col a 6 AMS Lt.
10037 of 2002 before the High Court of Punjab and Haryana at Chandigarh praying, inter alia, to direct the appellants to companysider his case for promotion to the rank of Major General in Army Aviation Corps.
This Court has also companysidered the documents forming part of the appeal.
As per the guidelines mentioned in the said companymunication, Aviation Officers were to be groomed in stipulated criteria appointments and due career protection was to be given to those posted in hi tech appointments like test Pilots.
The companyplaint of the respondent was companysidered by the Chief of Army Staff but was rejected on June 10, 2002 on the ground that numberappointment of Major General was authorized to Army Aviation Corps Permanent Cadre .
Between the year 1997 and 1999, the respondent companymanded 373 I Artillery Brigade in the Regiment of Artillery.
The respondent was promoted on selection to the post of Brigadier in the Regiment of Artillery in the year 1997.
The relevant facts emerging from the record of the case are as under The respondent was companymissioned in the Indian Army in the Regiment of Artillery on June 23, 1968 in the rank of Second Lieutenant.
In May, 1997 the respondent was promoted to the rank of Brigadier in the Regiment of Artillery.
The petition filed by the respondent was companytested by the appellants.
Thus, for the purpose of promotion and career advancement, he became an officer of 1969 Batch.
The decision of the President was companymunicated by the Government of India, Ministry of Defence, New Delhi vide companymunication dated November 27, 1997 to the Chief of the Army Staff.
The information given in this document is number to be companymunicated decision directly or indirectly to the press or to any person number authorized to receive it PE No.
27th Nov., 1997 Three pages ADDITIONAL DIRECTORATE GENERAL ARMY AVIATION ARMY HEAD QUARTERS PEACE ESTABLISHMENT 16 6 SUMMARY Personnel Officers Army 25 JCO 2 Other Ranks 44 Total 71 Transport Car Ambassador 1 Gypsy 2 Motor Cycle 2 Total 5 Details Number Notes Personnel Officers Additional Director General Maj.
It is relevant to numberice that the respondent, having opted for companyversion from Regiment of Artillery to Army Aviation Corps, he was precluded from again opting for Regiment of Artillery.
On September 1, 1997 a letter was issued by Army Head 16 4 Quarters seeking application from volunteers for transfer to Army Aviation as per the terms and companyditions set out in the letter order dated April 17, 1997 passed by the Chief of Army Staff.
AA 5/ 1975/DO 1/D GS 1 Dt.
He also prayed that the appellants be restrained from posting an ex cadre officer to the Post of Additional Director General Army Aviation, Army 16 1 Head Quarters.
a h 8 General Staff Officers Maj a h 7 Total 25 Junior Commissioned Officer b JCO Clerk c d e 2 Other Ranks Personal Assistant 9 Clerk GD c d f 15 Drivers c f 3 Driver Motor Cycle c f 2 Draughtsman c d g 2 Jetliner Operator c g 1 Runner 11 Despatcher 1 Total other tanks 44 Transport Motor Cycle 2 Car Ambassador 1 Gypsy 2 Total transport 5 GENERAL NOTES Officer to be trained aviator To function under MS 6 16 8 Rank as per Corps roster To be companyputer qualified One JCO to function under MS 6 To be provided by Regiment of Artillery To be provided by Corps of Engineers Two officers to be qualified on companyputer Appointment of One Deputy Director General will be kept suppressed till offset is identified by SD Directorate.
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 companysider the case of the respondent for promotion to the rank of Major General in accordance 16 2 with the Rules and his service profile in the Army Aviation Corps.
