Case Note & Summary
The dispute arose between two colonels in the Indian Army regarding the promotion to the rank of brigadier in charge of military farms. The petitioner, Col. Avtar Singh Sekhon, apprehended a change in the policy established in 1964 for selecting officers for promotion and sought a writ from the High Court. The High Court directed the Defence Department to select the best candidate, leading to a report that both candidates were equal in merit, but the respondent was senior. The High Court allowed the petitioner to be promoted, prompting the respondent to seek special leave from the Supreme Court, which granted it and directed the government to finalize its policy. The government failed to comply, leading to a subsequent order from the Supreme Court appointing the respondent as brigadier. The petitioner sought a review of this order, arguing he had not been adequately heard. The Supreme Court, however, found no manifest error in its previous orders and upheld the principle that seniority should prevail when merit is equal. The court noted that the government was actively revising the 1964 policy and that the petitioner’s claims were based on outdated selections. Ultimately, the court dismissed the review petition, emphasizing the need for prompt implementation of its orders and allowing the respondent to assume the position of brigadier without further delay.
Headnote
A) Review Jurisdiction - Grounds for Review - A review is not a routine procedure and requires a manifest error on the face of the order. - Supreme Court of India, 1980 - The court held that a review of a judgment is justified only in cases of glaring omissions or grave errors, which were not present in this case. (Paras 173G-H) B) Military Promotion - Seniority and Merit - The principle of seniority prevails when merit is equal. - Supreme Court of India, 1980 - The court emphasized that when two candidates are equal in merit, seniority should be the deciding factor, which justified the appointment of the respondent as brigadier. (Paras 173D-E) C) Policy Revision - Government's Discretion - The Central Government has the authority to revise military promotion policies. - Supreme Court of India, 1980 - The court recognized the government's right to abandon the 1964 policy and formulate a new one, thus affecting the petitioner's claim based on outdated criteria. (Paras 173-174)
Issue of Consideration
Whether the earlier judgment regarding the promotion of a brigadier should be reviewed.
Final Decision
The Supreme Court dismissed the review petition, affirming that there was no manifest error in its previous orders and that the principle of seniority should prevail when merit is equal. The court directed the Central Government to implement the promotion of the respondent as brigadier without further delay.
Law Points
- Review of judgment
- seniority in promotion
- policy revision
- judicial error
- military appointment
