Union Of India And Others vs S.L. Dutta And Others on 16 November, 1990
11. This Court has heard the learned counsel for the parties in detail.
Learned counsel for the petitioner is unable to show any request on
behalf of the petitioner for the change of his Cadre from Specialist
Cadre to that of Administrative Cadre. No rule or regulation has also
been pointed out under which it is given that the officers of different
cadres should have been considered together for selection and
promotion to the next post. This also cannot be disputed that on
account of the change of policy, all the ACRs in the rank of Lt. Colonel
had to be considered by the Selection Board for recommending the
selection of an officer to the post of Colonel. On account of the earlier
policy under which 5 ACRs of an officer had to be considered, the
petitioner cannot contend that the change of policy is unconstitutional
as the chances of promotion are not the conditions of services as has
been held by the Supreme Court in the case of Union of India & Others
v. S.L.Dutta & Anr., (1991) 1 SCC 505, relied on by the Tribunal as
well. No illegality or irregularity in this aspect has been established by
the learned counsel for the petitioner in the facts and circumstances.