In Appointment Of Army Commander, Seniority Should Be Ignored

TITLE OF THE CASE

Lt. General Ravi Dastane, Avsm, Vsm V. Union of India, Ministry Of Defence, Through The Secretary & Ors.,

CITATION

Civil Appeal No. 9721 of 2014

DATE OF JUDGMENT

01st March 2019

BENCH

Justice DY Chandrachud and Justice Hemant Gupta

LAWS APPLIED

Government of India (Transaction of Business) Rules, 1961

ISSUE

Whether the Appointment of Army Commanders is based exclusively on seniority?

DECISION

The bench stated, the principle involved in the seniority alone does not confer a right to an appointment for a selection post which does not mean that the authority making the appointments must be oblivious to seniority. Placed below the COAS, the post of Army commander is a crucial significance to the organisational structure of the army. The seniority may be a relevant consideration which seniority brings with its experience of the organisation, experience in handling situations and experience and perspective and planning. The post, however, remains to be a selection of a post in making appointments to search crucial post which carries enormous functional responsibilities, bearing on the defence which needs the armed forces and ultimately of the nation, a range of relevant considerations which can be borne in mind.

The court further declared an officer who has no Vested right to claim promotion on the basis of seniority alone cannot mean that the authority which is entitled to make the appointment must ignore seniority. The officers of the army who attain the rank of lieutenant general progress through the hierarchical structure after fulfilling vigorous criteria of assessment. The principle that the appointment of an army commander is made by the selection which does not require that the criterion of seniority should be ignored.

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ABOUT THE AUTHOR

Vijayalakshmi Raju, Final year law student BA LL.B (Honours) from Dr Ambedkar Global Law Institute Tirupati, A.P (India).

You can contact at https://www.linkedin.com/in/vijayalakshmi-raju-bb03b7170

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