(Dipak Misra and Prafulla C. Pant, JJ.)
Union of India and Another ______________________ Appellant(s);
v.
Major General Manoj Luthra and Others ____________ Respondent(s).
Civil Appeal No. 9390 of 2014, decided on September 29, 2015
The Order of the court was delivered by
Order
1. Heard Mr. Mukul Rohatgi, learned Attorney General along with Mrs. B. Sunita Rao, learned counsel for the appellants and Mr. M.L. Lahoty, learned counsel for the respondent.
2. The respondent No. 1, a Major General in the Army came within the zone for consideration for the post of Lieutenant General and in the merit list he was shown at serial No. 1. However, regard being had to the certain stipulations in the policy, he was put at serial No. 3, as a consequence of which he could not be promoted to the post. Be it noted, the first vacancy arose on 1st March, 2014, the second vacancy on 1st May, 2014 and the third vacancy on 1st July, 2014.
3. On a perusal of the policy, we find that it is quite ambiguous. Be that as it may, in our considered opinion, the cause of justice would be best sub-served if the respondent No. 1 is conferred with the rank of Lieutenant General with effect from 1st May, 2014, but no arrears shall be paid. However, he shall reap the benefits of the rank for the purpose of pension and all the retiral benefits.
4. The appeal is, accordingly, disposed of. No order as to costs.
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