Rajasthan High Court - Jodhpur
Wg Cdr O.P. Gupta,Vsm vs Union Of India & Ors on 9 April, 2009
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO.1549/2001
Wg.Cdr.O.P.Gupta VSM
v.
Union of India & Ors.
Date of Order :: 9th April, 2009
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. K.K.Shah, for the petitioner.
Mr. M.S.Godara for Mr.V.K.Mathur, for the respondents.
....
By this petition for writ, a direction is sought by the petitioner to consider and empanel him for promotion as Group Captain against the vacancies of the year 2001.
The petitioner was commissioned as Pilot Officer with Indian Air Force on 30.12.1972. A promotion was given to him as Squadron Leader and thereafter as Wing Commander. In the year 1996, the respondents convened a meeting of promotion board on being availability of two vacancies in the rank of Group Captain. As a consequent to recommendations of the promotion board two officers senior than the petitioner were selected and promoted. In the year 1997, on availability of one vacancy with the rank of Group Captain, a promotion board was convened and 2 person senior to the petitioner was promoted. In the year 1998, the promotion board was convened to fill up two existing vacancies of Group Captain and one person senior and one person junior to the petitioner were selected for promotion, however, the respondents scrapped the entire selection. A new select list was subsequently declared whereby two persons senior than the petitioner were empaneled for promotion as Group Captain and one person junior to the petitioner was kept in reserved list. The claim of the petitioner is that his candidature should be considered by the respondents for promotion as Group Captain against the vacancies of the year 2001.
As per the respondents the petitioner's candidature has already been taken into consideration thrice and as such now he is not eligible for further consideration for promotion.
It is the position admitted that as per existing policy a Wing Commander cannot be considered for promotion if his candidature has already been considered by competent promotion board thrice. The case of the petitioner has already been considered thrice by the promotion board. No challenge is given by the petitioner to the promotion policy that restricts consideration of an officer for promotion to the rank of Group Captain beyond three times. Without giving challenge to the promotion policy prescribing 3 condition aforesaid, no relief as claimed by the petitioner can be granted.
In view of it the petition for writ is
dismissed.
( GOVIND MATHUR ),J.
kkm/ps.