Sanjay Thapa vs Union Of India And Others

Pursuant to the order dated 08.08.2019, short reply by the respondents has been filed, copy thereof also provided to learned counsel for the applicant.

Mr. Pandey, however, states that after redressal of the grievance of the applicant as pointed out in his Statutory Complaint dated 02.07.2018 against

his non-empanelment for promotion to the rank of Lieutenant General (Lt Gen) by SSB (First Review held in October, 2017) having been redressed to,

in that event, he is now to be considered as Special Review (Fresh) as per Pre-revised Promotion Policy with his changed profile in tune with the

judgment dated 17.09.2018 rendered in O.A. No. 1023 of 2018 titled Mai Gen V.K. Singh Vs. Union of India & Others by the next SSB tentatively

scheduled in October, 2019 but if the result of the applicant is not de-classified before the date of his retirement i.e. 31.10.2019, the applicant would

not get any further chance of being considered for the promotion.

In order to strengthen his submissions, Mr. Pandey, while relying upon an order of the Tribunal dated 29.04.2015 passed in O.A. No. 74 of 2015 titled

Maj Gen K.K. Sinha, SM, VSM Vs. UOI & Ors. submitted that in the said case also, almost in the same set of circumstances, while allowing the OA

of the applicant therein, may be in part, by setting aside the impugned order, a direction was given to the respondents to complete the exercise of re-

consideration of the applicant within a stipulated period considering his due date of his retirement which order was thrown to challenge by Union of

India before the Honble Supreme Court of India in I.A. No. 1 in C.A. (D. No. 23376/2015), which was dismissed finding no ground for grant of leave

and a specific direction was given to the respondents to ensure compliance of the order passed by the Tribunal prior to the date of retirement of the

applicant.

Mr. Pandey appears to be well-justified in making the aforesaid prayer at the Bar.

We, even otherwise, are informed by learned counsel for the respondents on instructions of Col S. Prabhu, Col MS (Legal), who is assisting him, that

the Board is likely to be held somewhere in the first/second week of October, 2019 and we have been assured by the respondents that the result of

the applicant on his consideration as Special Review (Fresh) will be de-classified positively before the date of his retirement. We appreciate the

statement made at the Bar.

The OA at hand stands disposed of in the aforesaid terms.