MAJOR GENERAL H.M. SINGH, VSM versus UNION OF INDIA AND ANR.

Citation: [2014] 1 S.C.R. 270 · Decided: 09-01-2014 · Supreme Court of India · Bench: A.K. PATNAIK, J.S. KHEHAR · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
B 
[2014] 1 S.C.R. 270 
MAJOR GENERAL H.M. SINGH, VSM 
v. 
UNION OF INDIA AND ANR. 
(Civil Appeal No. 192 of 2014) 
JANUARY 9, 2014 
[A.K. PATNAIK AND JAGDISH SINGH KHEHAR, JJ.] 
Army Rules: 
c 
r.16-A - Extension of service in 'exigency of service' -
Senior most Major General in DRDO recommended by 
Selection Board for promotion as Lieutenant General -
Extension of service granted by Presidential orders -
Held: 
President of India was conscious of the fact while granting 
0 extension in service to appellant that his case for promotion 
as Lieutenant General was under consideration - Orders 
allowing extension of service to appellant so as to enable his 
claim to be considered for promotion as Lieutenant General, 
cannot be held to be in violation of statutory provisions -
E Extension of service granted to the senior most eligible officer 
for the purpose of consideration of his promotional claim, for 
all intents and purposes will be deemed to satisfy the 
parameters of exigency of service, stipulated in r. 16A -
Administrative law - Legitimate expectation. 
F 
Service Law: 
Promotion - Major General in DRDO - Recommended 
by Selection Board for promotion as Lieutenant General -
Granted extensions to enable his case for promotion to be 
G considered by Appointment Committee of the Cabinet - ACC 
not granting approval to recommendations, as rules would not 
permit promotion on extension -
Held: Selection Board, out 
of a panel of four names, had recommended promotion of 
appellant as Lieutenant General on the basis of his record of 
H 
270 
MAJOR GENERAL H.M. SINGH, VSM v. UNION OF 
271 
INDIA 
service, past performance, qualities of leadership, as well as 
A 
vision- ACC did not in any manner upset the finding recorded 
by Selection Board nor did it negate the said 
recommendation - Therefore, appellant must be deemed to 
have been found suitable for promotion as Lieutenant 
General, even by ACC and, as such, appellant deserves 
B 
promotion to the rank of Lieutenant General from the date due 
to him and he shall be deemed to have been in service as 
Lieutenant General till 28.2.2009 and entitled to all monetary 
benefits which would have been so due to him. 
Promotion during extension of service - Held: The 
C 
vacancy against which appellant was considered had arisen 
well before date of his superannuation, but since Service 
Selection Board was convened only two days prior to date of 
his superannuation as Major General, respondents must 
squarely shoulder the blame and responsibility of the delay 
D 
- It is not as if the vacancy came into existence after appellant 
had reached the age of retirement on superannuation - The 
denial of promotion to him mainly for the reason that he was 
on extension in service, is unsustainable besides being 
arbitrary- Therefore, the basis on which the claim of appellant 
E 
for promotion as Lieutenant General was declined by ACC is 
rejected - Accordingly, operative part of order of ACC is set 
aside. 
Constitution of India, 1950: 
Arts. 14 and 16 - Claim for promotion - Held: Division 
Bench of High Court has rightly held that recommendations 
F 
of Selection Board were merely recommendatory in nature 
and, therefore, appellant had no fundamental right for 
promotion solely on the basis of such recommendation -
G 
However, non-consideration of claim of appellant would violate 
fundamental rights vested in him. under Arts. 14 and 16, as 
respondents were desirous of filling up the said vacancy and 
appellant being the senior most serving Major General 
H 
272 
SUPREME COURT REPORTS 
[2014] 1 S.C.R. 
A eligible for consideration had fundamental right of being 
considered against the said vacancy, and also the 
fundamental right of being promoted if he was adjudged 
suitable - It was in order to extend the benefit of the 
fundamental right enshrined under Art. 14 of India, that he was 
8 
allowed extension in service on two occasions by Presidential 
orders - By the said orders, respondents desired to treat the 
appellant justly, so as to enable him to acquire the honour of 
promotion to the rank of Lieutenant General, in case the 
recommendation made in his favour by the Selection Board 
C was approved by ACC - The action of authorities in depriving 
the appellant due consideration for promotion to the rank of 
the Lieutenant General, would have been arbitrary and 
resulted in violation of his fundamental right under Art. 14. 
The appellant, who was commissioned as Second 
D L

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