O.A. No. 357/2012. Case: Brig K.S. Chauhan Vs Union of India & Ors.. Armed Forces Tribunal

Case NumberO.A. No. 357/2012
CounselFor Appellant: Mr. S.S. Pandey, Advocate and For Respondents: Ms. Shilpa Singh, Advocate
JudgesMr. A.K. Mathur, Chairperson and Lt. Gen. M.L. Naidu, Member
IssueService Law
Judgement DateTuesday December 18, 2012
CourtArmed Forces Tribunal

Order:

(Principal Bench At New Delhi)

  1. The petitioner by this petition has prayed that the record of the Selection Board may be called and respondents may be directed to place the merit of the empanelled officers vis-à-vis the petitioner to ascertain whether any mistake still exists in the MDS of the petitioner affecting his promotional prospect adversely. It is also prayed that the respondents may be directed to give fresh consideration after expunging the reports of SRO from the CRs for the period from 23.01.2009 to 30.06.2009 and 01.07.2009 to 09.01.2010. It is also prayed that respondents may be directed to calculate the vacancies as per the policy instructions existing on calculation of vacancies on PRV basis and pass further directions to consider the petitioner as promoted in case five vacancies were required to be made available at the time the petitioner was considered as fresh case in April 2012 and if he is found suitable, he may be given consequential benefits. It is also prayed that petitioner may be promoted as Maj Gen along with the empanelled officers of his batch after calling for the promotion records of the Selection Board. The petitioner was commissioned in the Indian Army on 24.12.1982 in the Corps of Signals and he got two years antedate seniority and thus he became 1980 batch officer. The petitioner completed his B. Tech from Institute of Electronics and Telecommunication Engineers, New Delhi while serving in the Corps of Signals.

  2. That during...

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