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Showing contexts for: pariah in Col. K.P. Kumar vs Uoi And Ors. on 23 December, 2015Matching Fragments
1998 (2) SCC 01 W.P.(C) 7500/15, 8458/15, 9242/15, 9360/15 & 9439/15 Page 30 Army, cannot be considered for promotion beyond a particular rank, smacks of discrimination. As discussed earlier, neither is there any consistent history of such bar (for 20 years there was no such bar, till 1998; the bar was in place till 16.11.2007 after which it was lifted, and reintroduced by the impugned condition) nor does the rationale, i.e. that Army officers finally superseded are not promoted, have any nexus with the object sought to be achieved, i.e. ensuring that the most merited are promoted based on their performance. After permanent secondment, officers from different forces do not return, except when asked under emergencies; therefore, their performance is to be seen on the basis of the discharge of duties in the DGQA. The respondents do not deny that such consideration does take place for all officers, other than those who were finally superseded in the Indian Army. This in effect would be that even if such category of persons (finally superseded officers working in the DGQA) outshine others in their job, consistently they would nevertheless continue to be in a limbo. This is neither conducive to the object of promoting merited officers, nor sub-serve public interest, because it treats such officers (finally superseded officers of the Indian Army) as virtual pariahs or outcastes, placing them in the limbo so far as promotion is concerned. Clearly, the condition is discriminatory and violates Article 14 of the Constitution of India; it is deleterious to public interest in efficiency.