LT. COLONEL K.D. GUPTA versus UNION OF INDIA & ORS.

Citation: [1989] 2 S.C.R. 370 · Decided: 31-03-1989 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off
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Judgment (excerpt)

A 
LT. COLONEL K.D. GUPTA 
v. 
UNION OF !NOIA & ORS. 
MARCH 31, 1989 
B 
[RANGANATH MISRA AND M.N. VENKATACHALIAH, JJ.] 
~ 
/ 
Army Act, 1964: Defence Services-Promotion-Unlike other " 
government servants,· requisite experience, consequent exposure and 
appropriate review by authorities, indispensable-Individual capacity 
1
and special qualities-Basis for assessment-Lower medical categori-
c sation-Effect of for purposes of promotion-Grant of compensation-
·~, 
Relevant factors-Considerations thereof 
+' 
The appellant has filed a contempt petition against the Respon-
dents, alleging that the directions dated 20.4.1988 of this Court, have 
not been complied with. 
D 
The Respondents were directed to reconsider the case of the 
appellant for promotion on the basis that his medical category continues 
to be S-1 from 1977, and that the medical category would be taken into 
account if the rules for promotion so require; otherwise not. It was also 
y 
directed that the consideration of promotion would be completed within 
E four weeks; (See 1988(3) SCR 646). 
On behalf of the respondents, it was stated that the promotional 
-
entitlements of the petitioner had been finalised as per the directions of 
the Court, after re-examining the petitioner's case for promotion within 
the specified time and since there was no failure to comply with the 
y 
F directions, no contempt had been committed. It was also submitted that 
the petitioner's medical categorisation has nothing to do with the 
refusal to promote him. 
..I,.· 
' ' 
Disposing of the petition, 
G 
HELD: 1. The judgment of this Court did clearly proceed on the 
footing that the lower medical categorisation prejudiced the petitioner r 
in the matter of obtaining appropriate promotions. For the first time, 
the respondents have taken the stand in the contempt proceeding that 
the lower categorisation has nothing to do with the refusal to accord 
promotion to the petitioner. The plea now advanced cannot therefore be 
H accepted. [377E-F] 
370 
+ 
. K.D. GUPTA v. U.0.1. 
371 
2. The defence services have their own peculiarities and speCial 
requirements. The considerations which apply to other governnient 
servants in the matter of promotion cannot _as a matter of course be 
applied to defence personnel of the petitioner's category and rank. 
Requisite experience, consequent exposer and appropriate review are 
indispensable for according promotion, and the petitioner, therefore 
cannot be given promotions as claimed by him on the basis that his 
batch'mates have earned such promotions. Individual capacity and spe-
cial qualities on the basis of assessment have to be found but in the case 
of the petitioner these are not available. [377G-H; 378A-B] 
3.1 As regards compensation, the petitioner advanced tall claims 
A 
B 
by contending that he has suffered physical and mental torture, loss of. C 
reputation and of social acceptance and financial loss. What promotions 
the petitioner would otherwise have earned would be a matter of specu-
lation and cannot be ascertained at this stage for lack of appropriate 
decisive criteria. His grievance that he suffered in dignity and humilia-
tion as a result of being looked down upon by his batch-mates, friends D 
and relatives, has perhaps been sufficiently met by the appellate judg-
ment which has declared that his lower medical categorisation was 
unjustified and the petitioner continued to be Shape-I without break 
from 1977. [368E-G] 
3.2 The defence personnel have peculiar incidence of service. 
Life's course does not run smoothly for everyone. Some relevant factors 
to be considered for award of compensation are the duration of time for 
which the petitioner was subjected to various medical checks and . 
hospitalisation, and the consequent suffering which he underwent, the 
loss of promotional prospects and the fact that he would now be obliged 
to request to be released from service prematurely. A total compensa-
tion of Rs.4 lakhs would meet the ends of justice. The petitioner would 
not be entitled to any other claim on these heads, hut he would be 
entitled to all other service benefits which an officer of the Lt. Colonel's 
rank would be entitled to hold. [378G-H; 379A-B] 
Major K.D. Gupta v. Union of India, [1984] I S.C.C. 153 and Lt. 
Col. K.D. Gupta, v. Union of India, [!988] 3 SCR 646, referred to. 
This Court directed that the amount of Rs.4 lakhs be paid to the 
petitioner within 2 months and the petitioner may he rel
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