JUDGEMENT
Altamas Kabir, J. -
(1.)This Special Leave Petition is directed against the judgment and order dated 22nd March, 2007 passed by the Delhi High Court dismissing Writ Petition No. 899 of 2006 filed by the petitioner herein challenging the decision of the Central Government, to reject the recommendation made by two Special Selection Boards for promoting the petitioner to the rank of Lieutenant General.
(2.)The petitioner, who was commissioned as a Second Lieutenant in the Indian Army on 16th December, 1967, was promoted to the rank of Major General in the year 2001. Two successive Special Selection Boards of the Indian Army recom mended the petitioner for promotion to the rank of Lt. General, but the Central Government did not approve the said recommendations. The said decision of the Central Government was challenged by the petitioner in the aforesaid Writ Petition on the ground that such denial of promotion to the petitioner to the rank of Lt. General was arbitrary, discriminatory, whimsical and in violation of the rules and the established procedure of selection and it also offended the principles laid down in various judicial pronouncements both by the High Courts as well as this Court.
(3.)According to the case made out by the petitioner, he was engaged in active combat at Dera Baba Nanek in the Punjab Sector during the Indo-Pakistan War and was recommended for Vir Chakra award. He also took part in various operations, including operations relating to counter-insurgency, such as operation Blue Star, in Punjab in 1984. In 1999, he was posted to command an Artillery Brigade in the active insurgency area in Kashmir. The Brigade under the petitioners command was mobilized to fight the Kargil War/Operation Vijay in Drass-Kargil Sector in 1999. For the petitioners participation in the Kargil War he was awarded the Yudh Sewa Medal in August, 1999.
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