UNION OF INDIA AND OTHERS versus NARINDERJIT SINGH SIDHU

UNION OF INDIA AND OTHERS versus NARINDERJIT SINGH SIDHU

The Supreme Court held that since a post of Major General was specifically sanctioned for Army Aviation Corps (Permanent Cadre) with presidential approval, it must be filled by promotion within that cadre, not by importing officers from other Corps; the respondent, being the senior-most Brigadier in the permanent cadre, was entitled to consideration for promotion to Major General. Rejection of his complaint and appointment of an officer from outside the cadre were contrary to orders and guidelines.

Parties
Appellants: Union of India and Others; Respondent: Narinderjit Singh Sidhu
Jurisdiction
India
Judgment Date
29 September 2010
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Promotion, Transfer, Army Aviation Corps, Permanent Cadre
Service Law Promotion Transfer Army Aviation Corps Permanent Cadre

Case Brief

Summary, issues, holding and outcome

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Parties

Union of India and Others

Appellants

Narinderjit Singh Sidhu

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to consideration for promotion to Major General in Army Aviation Corps (Permanent Cadre)
  2. 2 Whether bringing a Major General from a different Corps to fill Army Aviation Corps vacancy was justified

Ratio Decidendi

The Supreme Court held that since a post of Major General was specifically sanctioned for Army Aviation Corps (Permanent Cadre) with presidential approval, it must be filled by promotion within that cadre, not by importing officers from other Corps; the respondent, being the senior-most Brigadier in the permanent cadre, was entitled to consideration for promotion to Major General. Rejection of his complaint and appointment of an officer from outside the cadre were contrary to orders and guidelines.

Court Disposition

Appeal dismissed

Orders

  • Appellants are directed to consider the respondent's case for promotion to the post of Major General in Army Aviation Corps.
  • No order as to costs.