UNION OF INDIA versus W.S. CHONA

Citation: [1997] SUPP. 5 S.C.R. 417 · Decided: 25-11-1997 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

UNION OF INDIA 
A 
v. 
W.S. CHONA 
NOVEMBER 25, 1997 
[S.C. AGRAWAL AND G.T. NANAVATI, JJ.) 
B 
Service Law: Eligibility of promotion from Major General to Lieutenant 
General in ''staff only'' stream-Army Headquarters' Circular dated 9. 9. 1986 
-Para 4, Clauses (a) and (b)-Qualitative Requirements for promotion of C 
Non-general Cadre officers in "staff only" stream-Non-selection of the 
respondent for promotion from Major General to Lieutenant General in ''Staff 
only" stream-Held, Justified-The appointments held by him in different 
capacities both as Brigadier and Major General, including that with C-Dot 
. were ''corps appointments' '-Not graded as ''staff appointments'' outside the 
corps as contemplated in clause 'b' of the Qualitative Requirements-Therefore D 
do not fulfil the qualitative requirements envisaged in clause 'b '-Adverse 
remarks made against the functionaries at the higher level both at the Army 
Headquarters as well as Ministry of Defence, in the High Court judgment-
uncalled for, therefore set aside. 
The respondent was a commissioned officer of the Army in the Corps E 
of Engineers. The Corps of Engineers falls under the Non-General Cadre. 
The respondent claimed promotion from Major General to Lieute.nant General 
in the "Staff Only" stream under the "Two Stream Concept" formulated by 
the Army Headquarters in circul.ar dated 9.9.86. The scheme envisaged that 
the officers on promotion to the rank of Major General and Lieutenant 
General will be bifurcated into the "Command and Starr• Stream and the F 
"Staff Only" stream. Non-General Cadre officers could also be considered 
for the "Staff Only" stream in the rank of Lieutenant General. 
The Qualitative Requirements for induction of Non-General Cadre 
officers into "Staff only" stream were as follows: 
(a) The performance of the officer in the corps appointments should be 
of a high order and the officer should be considered fit for promotion to the 
higher-rank in his own Arm or Service; (b) The officer's performance on 
"Staff Appointments" be of a high order and he should be considered fit in 
G 
all respects to hold various staff, instructional and extra-regimental (ERE) H 
417 
418 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A appointments in the higher rank; (c) Based on his qualification, performance 
on course and experience, the officer should be eminently suitable to hold 
senior appointments on "staff only on first promotion". 
The respondent was not recommended for promotion to the rank of 
Lieutenant General by the Special Selection Board finding him unfit as per 
B the Qualitative Requirements prescribed for promotion to the rank of 
Lieutenant General in "Staff Stream". The Central Government approved. 
the same and the respondent was intimated accordingly by a letter dated 
November 1, 1994. The respondent retired from Army in the rank of Major 
General with effect from October 31, 1994 on the basis of letter dated 
C January 4, 1994. 
The respondent filed a writ petition in the High Court. The High Court 
allowed the writ petition and quashed the letter dated November 1, 1994 as 
well as the letter dated January 4, 1994 and also directed the appellants to 
constitute a Special Selection Board to reconsider the case of the respondent. 
D Being aggrieved, the appellants filed the present appeal. 
Allowing the appeal, this Court 
HELD: l. There is no infirmity in the recommendation of the Special 
Selection Board treating the respondent unfit for promotion to the rank of 
E Lieutenant General in the "Staff Only" stream which had been approved by 
the Central Government. Clause (b) of the Qualitative Requirements of the 
Army Headquarters Circular dated 9.9.86 for induction of Non-General 
Cadre officers into "Staff Only" stream envisages that the Staff Appointment 
has to be a staff appointment outside the corps and performance of the officer. 
on such appointment should be of higher order so that he can be considered 
F fit in all respects to hold various staff, instructional and extra-regimental 
appointments in the higher rank. A corps staff appointment only enables an 
officer to acquire experience of the work relating to his Arm or Service and 
does not enable him to acquire experience in other fields which is necessary 
for promotion to the rank of Lieutenant General on the "Staff Only" stream. 
G The performance of the officer on a corps staff appointment is already 
covered by clause (a) of the Qualitative Requireme

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