UNION OF INDIA & ORS. versus LT. COL. SAMEER SINGH

UNION OF INDIA & ORS. versus LT. COL. SAMEER SINGH

Office memorandum dated 12.05.2011 supersedes all previous instructions/guidelines concerning Permanent Secondment, including the 08.04.2004 guidelines. TARs should not be taken into consideration for Permanent Secondment decisions after 12.05.2011; only the criteria in the latest memorandum apply.

Parties
Appellant: Union of India & Ors.; Respondent: Lt.Col. Sameer Singh
Jurisdiction
India
Judgment Date
02 December 2019
Procedural Posture
Civil Appeal / Final Judgment (appeal From Delhi High Court, Writ Petition (civil) No. 9233 of 2016)
Outcome
Appeal dismissed; judgment of Delhi High Court upheld.
Legal Topics
Permanent Secondment, Eligibility Criteria, Executive Instructions
Armed Forces Permanent Secondment Eligibility Criteria Executive Instructions

Case Brief

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Parties

Union of India & Ors.

Appellant

Lt.Col. Sameer Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment (appeal From Delhi High Court, Writ Petition (civil) No. 9233 of 2016)

Legal Issues

  1. 1 Whether Technical Assessment Reports (TARs) of an Army officer are to be taken into consideration while considering his case for Permanent Secondment in DGQA after the office memorandum dated 12.05.2011 came into force

Ratio Decidendi

Office memorandum dated 12.05.2011 supersedes all previous instructions/guidelines concerning Permanent Secondment, including the 08.04.2004 guidelines. TARs should not be taken into consideration for Permanent Secondment decisions after 12.05.2011; only the criteria in the latest memorandum apply.

Court Disposition

Appeal dismissed; judgment of Delhi High Court upheld.

Orders

  • Stay vacated.
  • Pending applications disposed of.