# UNION OF INDIA AND ANR v. MAJ. GEN. DAYANAND KHURANA - **Citation:** [1991] 3 S.C.R. 350 - **Court:** Supreme Court of India - **Decided:** 1991-08-06 - **Case number:** Civil Appeal No. 2574 F of 1991 - **Bench:** K. Jagannatha Shetty, V. Ramaswami, Yogeshwar Dayal - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/union-of-india-and-anr-v-maj-gen-dayanand-khurana-11088 - **Pages:** 25 ## Headnote Service Law-Army Officers-Promotion-Major General to Lt. General-Adoption of two stream concept viz. 'Command and Staff Stream· and 'Staff Only· Stream-Fixation of inter-se seniority after adoption of two stream concept-Officers approved in 'Command and Staff Stream of the same batch'-Whether senior to officers approved in Staff Only' Stream. On 31st May, 1986 the Government of India approved, in principle, the 'Two Stream' concept of career management of Army Officers which envisaged that officers on promotion to Major General and Lt. General will be bifurcated into the 'Command and Staff' and the 'Staff Only' Stream. By an order dated 9th September, 1986 issued by Military Secretary, Army Headquarters, tne modalities of the concept, were worked out and it was i11ter-a/ia provided that for the purpose of seniority, officers of the 'Staff Only' Stream will be j11nior to officers of the ·command and Staff' Stream. While adopting the methodology for implementation of the 'Two Stream Concept', in its note dated 22nd September, 1986 the Military Secretary stated that two options are available for fixing the sequence of promotion under the 'Stream Concept'. Under option 'A' the existing sequence of promotion is maintained and in that officers are to be promoted as per their inter-se senioritv, irrespective of the stream. In the case of Option 'B', whereas the existing sequence of promotion is maintained, but promotion is to be effected in accordance with the stream in which an officer is being promoted. After giving advantages and disadvantages of the two options, the said note recommended that option 'B' should be adopted. The Military Secretary's note was approved by Vice Chief of Army Staff and the Chief of Army Staff. By a communication dated Isl June, 1987 the Military Secretary clarified its earlier note dated 22nd September, 1986 explaining that officers of the General Cadre of a particular batch seniority approved in the 'Command and stafr Stream will be en-block senior to those 350 1 U.0.1. v. MAJ. KHURANA 351 otlicers of the same batch approved on the 'Staff Only' Stream. However, an ollicer of an earlier batch approved on the 'Staff Only' Stream will be senior to an ollicer of subsequent batch approved on the 'Command and Staff' Stream. Under the promotion policy of Army every officer is given three chances for consideration for promotion. The first opportnnity is called "fresh cases". The second opportunity is called "first review cases" and the third opportunity is called "final review cases". An officer not approved for promotion loses one year on seniority and slides into the batch of the next year. The respondent, commissioned in the army in 1954, while acting as Brigadier, was selected as Major General in 1956 batch. Accordingly, his seniority was fixed alongwith 1956 batch. While working as Major General he was considered for promotion to the rank of Lt. General in 1989 but was disapproved. He thus lost seniority of 1956 batch. He was then considered as a first review case in 1990 alongwith 1957 batch-comprising of final review case of 1955 batch, first review case of 1956 batch and fresh case of 1957 batch-and was approved for selection for 'Staff Only' Stream. Since he was approved only for 'Staff Only' Stream, in the select panel dated 26th October, 1990 he was placed below all other Major Generals who were approved for selection in the Stream of 'Command and Staff'. Aggrieved by his placement below the officers who were approved for 'Command and Staff' Stream, he filed a writ petition in the High Court which directed the Union of India to treat the respondent senior to all the other Major Generals who were promoted to the acting rank A B c D E of Lt. General in the 'Command and Staff' stream and to expeditiously promote him ahead of the 1957 batch. Against the decision of the DiviF sion Bench of the High Court the Union of India filed an appeal in this Court. Setting aside the order of the High Court, this Co ## Text _Characters 0–39,922 of 48,659. This is a partial read: ask again with offset=39922 for what follows._ A B c D E F G H UNION OF INDIA AND ANR. v. MAJ. GEN. DAYANAND KHURANA AUGUST 6, 1991 [K. JAGANNATHA SHETTY, V. RAMASWAMI AND YOGESHWAR DAYAL, JJ.] Service Law-Army Officers-Promotion-Major General to Lt. General-Adoption of two stream concept viz. 'Command and Staff Stream· and 'Staff Only· Stream-Fixation of inter-se seniority after adoption of two stream concept-Officers approved in 'Command and Staff Stream of the same batch'-Whether senior to officers approved in Staff Only' Stream. On 31st May, 1986 the Government of India approved, in principle, the 'Two Stream' concept of career management of Army Officers which envisaged that officers on promotion to Major General and Lt. General will be bifurcated into the 'Command and Staff' and the 'Staff Only' Stream. By an order dated 9th September, 1986 issued by Military Secretary, Army Headquarters, tne modalities of the concept, were worked out and it was i11ter-a/ia provided that for the purpose of seniority, officers of the 'Staff Only' Stream will be j11nior to officers of the ·command and Staff' Stream. While adopting the methodology for implementation of the 'Two Stream Concept', in its note dated 22nd September, 1986 the Military Secretary stated that two options are available for fixing the sequence of promotion under the 'Stream Concept'. Under option 'A' the existing sequence of promotion is maintained and in that officers are to be promoted as per their inter-se senioritv, irrespective of the stream. In the case of Option 'B', whereas the existing sequence of promotion is maintained, but promotion is to be effected in accordance with the stream in which an officer is being promoted. After giving advantages and disadvantages of the two options, the said note recommended that option 'B' should be adopted. The Military Secretary's note was approved by Vice Chief of Army Staff and the Chief of Army Staff. By a communication dated Isl June, 1987 the Military Secretary clarified its earlier note dated 22nd September, 1986 explaining that officers of the General Cadre of a particular batch seniority approved in the 'Command and stafr Stream will be en-block senior to those 350 1 U.0.1. v. MAJ. KHURANA 351 otlicers of the same batch approved on the 'Staff Only' Stream. However, an ollicer of an earlier batch approved on the 'Staff Only' Stream will be senior to an ollicer of subsequent batch approved on the 'Command and Staff' Stream. Under the promotion policy of Army every officer is given three chances for consideration for promotion. The first opportnnity is called "fresh cases". The second opportunity is called "first review cases" and the third opportunity is called "final review cases". An officer not approved for promotion loses one year on seniority and slides into the batch of the next year. The respondent, commissioned in the army in 1954, while acting as Brigadier, was selected as Major General in 1956 batch. Accordingly, his seniority was fixed alongwith 1956 batch. While working as Major General he was considered for promotion to the rank of Lt. General in 1989 but was disapproved. He thus lost seniority of 1956 batch. He was then considered as a first review case in 1990 alongwith 1957 batch-comprising of final review case of 1955 batch, first review case of 1956 batch and fresh case of 1957 batch-and was approved for selection for 'Staff Only' Stream. Since he was approved only for 'Staff Only' Stream, in the select panel dated 26th October, 1990 he was placed below all other Major Generals who were approved for selection in the Stream of 'Command and Staff'. Aggrieved by his placement below the officers who were approved for 'Command and Staff' Stream, he filed a writ petition in the High Court which directed the Union of India to treat the respondent senior to all the other Major Generals who were promoted to the acting rank A B c D E of Lt. General in the 'Command and Staff' stream and to expeditiously promote him ahead of the 1957 batch. Against the decision of the DiviF sion Bench of the High Court the Union of India filed an appeal in this Court. Setting aside the order of the High Court, this Court, HELD: I. The Division Bench of the High Court totally misunderG t stood the note of the Military Secretary dated 22nd September, 1986 as well as the note of the Vice Chief of Army Staff. In the note of the Military Secretary dated 22nd September, 1986, Option 'A' which was prevalent practice was substituted by option 'B' which was recommended for future and which was accepted both by Vice Chief of Army Staff as well as Chief of Army Staff. [369H-370E) H A B c 352 SUPREME COURT REPORTS [1991] 3 S.C.R. 2. It is clear from option 'B' which was adopted for working out the 'Two Stream Concept' that the seniority will first be given to the 'Command and Staff' stream selected from any of the earlier batches and after the 'Command and Staff' stream has been accorded the seniority, the three streams of 'Staff Only' will be given seniority and thatthe final review, the first review or fresh stream of 'Staff· Only' rank below the similar three streams of 'Command and Staff'. [362B-C) 3. It is also clear from the Scheme that the Officer who were approved for 'Command and Staff' Stream can be appointed both for 'Command' as well as 'Staff' vacan'cies whereas the offiCers·W·1i0 1were approved only for stream of 'Staff Only' can only be apjJointed to the vacancies relating to 'Stafl" and cannot be appointed relating to vacancies for 'Command'. The expression 'same batch' referred to in paragraph 9 of the Military Secretary's letter dated 1st June,· 1987 is for the officers who were considered for selection at one time and not the individual batch of the Major General. [370B I D 4. Option 'B' has not been reviewed till date. There can be no doubt that if option 'A' w"s available for preparation of select list the respondent would have beE,n senior to other persons who were recom- ._ mended for 'Command and Staff' Stream. But option. 'A'.was given up and option 'B' was recommended for approval. Since option 'B' has been adopted and accepted the seniority of the respondent placed in the ~ panel dated 26th October, 1990 is unexceptionable. [370F-G I S. The respondent cannot take advantage for being promoted earlier than the officers selected for the 'Command and Statr. Siream. [374B J CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2574 F of 1991. . . · From the Judgment and Order dated 30.4.1991 of the Delhi High Court in C.W.P. Nu. 812 of 1991. Altaf Ahmed, Additional Solicitor General, V.C. Mahajan, G A.K. Srivastava, S.N. Terdal and Vijay Kumar Verma for the Appellant. P.C. Jain, Ashim Vachher and Ms. Bharti Anand for the Respondent. H The Judgment of the Court was delivered by t .; U.U.I. v. MAJ. KHURANA [YOGESHWAR DAYAL, J.l 353 YOGESHWAR DAYAL, J. This appeal by Special Leave is A directed against the judgment of the High Court of Delhi dated 30th April, 1991 on behalf of the Union of India and the Chief of the Army Staff against Major General Dayanand Khurana. By the impugned judgment the Division Bench of the High Court directed the issue of writ of mandamus modifying an order dated 26th October, 1990 and thereby directing the appellants herein to treat Major General D.N. Khurana, who was approved for promotion to the acting rank of Lt. General for 'Staff Only' Stream, senior to all the other Major Generals who were promoted to the acting rank of Lt. General in the 'Command and Staff' Stream, and also issued further writ of mandamus directing the appellants to expeditiously promote the respondent herein, ahead of the 1957 batch, to a Staff post which has occurred between 26th October, 1990 and 31st May, 1991 keeping in view the existing policy of the Government and in the light of the observations made in the judgment. The brief facts which give rise to the filing of the writ petition in the High Court and the appeal before us may be noticed. • B c D The respondent was commissioned in the army in the year 1954, therefore, his original seniority reckons from the year 1954. As per the E policy and procedure adopted in this connection every officer is given three chances for consideration for promotion. If an officer is not approved for promotion during the first consideration, he loses one year of seniority and slides into the batch of the next year. In the eventuality of his not being approved for promotion even in the second consideration, he loses one more year of seniority and slides further F into the next batch. Thereafter, the officer is considered for the last time for promotion in the third chance and if he is not approved even in the third chance, he is not given any further consideration and is finally regarded as a superseded officer. In pursuance of this policy, the respondent herein while he was acting as a Brigadier was first considered for promotion to the rank of Major General in the year G 1983 but was not approved, and, therefore, he became part of 1955 batch instead of 1954 batch. Thereafter he was superseded again and ultimately got selected as a Major General in the 1956 batch. As per the existing policy at that time his seniority in the rank ot Major General was re-fixed alongwith the officers of 1956 batch as per the following sequence of selection: H 354 SUPREME COURT REPORTS (1991] 3 S.C.R. A 1956 Batch: (a) Final review case of 1954 batch. (b) First review case of 1955 batch. B (c) Fresh case of1956 batch. c D The respondent while working as Major General was considered for promotion to the rank of Lt. General in July, 1989 but was rejected by the Government. He thus once again lost seniority of 1956 batch. He was then considered as a first review case in July, 1990 alongwith 1957 batch and was approved for selection for 'Staff Only' Stream in the following sequence of consideration: "(a) Final review case of 1955 batch. (b) First review case of 1956 batch. (c) Fresh case of 1957 batch. Since the respondent was approved only for 'Staff Only' Stream he was placed below all other Major Generals who were approved for selection in the Stream of 'Command and Staff'. The respondent was E aggrieved by his placement below the officers who were approved for 'Command and Staff' Stream, though he had been approved only for 'Staff Only' Stream. On 31st May, 1986 the Government oflndia approved, in princi- • pie, the 'Two Stream' concept of career management of Army Officers F of the ranks of Major General and Lt. General subject to the following stipulations: "(a) The modalities for implementation of 'Two Stream' concept will be worked out by the Army Headquarters and submitted to Government for information. This will include identificaG tion of appointments to be manned by officers belonging to the 'Staff Only' Stream. t (b) The criteria and the QRs formulated by the Army HQrs and submitted to Government vide Army HQrs Note No. PC-01102/ MS 98 dated 7th February, 1986 will be applied for screening H officers for promotion to the two streams. It will be ensured that U.0.1. v. MAJ. KHURANA [YOGESHWAR DAYAL, J.J 355 the QRs prescribed for promotion to the 'Command and Staff A stream are stricter than those prescribed for the 'Staff Only' stream. (c) A comprehensive review of the working of the concept will be done in 1987 and such amendments, as may be necessary, will 8 be put up to Government for approval. This approval of the Government was preceded by the approval of the Prime Minister on 26th May, 1986. The reason for adoption of 'Two Stream Concept' of career management for Army Officers is that the Army is highly command oriented with the system itself providing a distinct edge for proven command performance. This orientation, C especially in higher ranks, has helped to maintain the fighting efficiency of the Army and has stood to the test of time, besides being in the over all interests of the Service and the Nation. In order to be able to develop command potential, it was thought necessary that officers are allowed to hold command appointments for adequate periods. Thereafter the modalities for above 'Two Stream Concept' were worked out by the Army Headquarters and an office order was issued by Military Secretary's Brancl1, Army Headquarters, dated 9th September, 1986. The relevant paragraphs are 1 to 3, 5 and 9 which read a~ under: D E "1. The upgradations in senior ranks in the Cadre Reviews have been sanctioned only in the Staff and ERE appointments. This has caused serious imbalances in the existing ratio between the Command, Staff and ERE appointments. Whereas, earlier senior officers could be given a F proper command tenure before their turn came up for the next promotion, it is not now feasible in all cases after the upgradations are fully implemented. 2. Ours is a Command oriented Army and successful performance in a command must continue to be mandatory for promotion to higher ranks. It is not desirable to G truncate command tenures, if we have to maintain our fighting efficiency. It is to this and, that it has been decided to adopt the 'Two Stream Concept' for officers of the rank of Brig. and above. The details of the concept are given in the succeeding paras. H 356 A B c D G SUPREME COURT REPORTS [1991] 3 S.C.R. Concept 3. The concept envisages that officers on promotion to Maj. General and Lt. General will be bifurcated into the 'Command and Staff' and the 'Staff Only' streams as per details given below: (a) 'Command and Staff Stream. Very high calibre officers based on their merit will be promoted to this Stream. They will hold command appointments in the Higher rank ~nd ther~after be given exposure to Staff and ERE appomtments as necessary. They will be eligible for further promotion as per the existing criteria. (b) 'Staff Only' Stream. Officers promoted to this Stream will hold only staff appointments, in the higher rank and will proceed on superannuation thereafter. These officers will not be eligible for further promotion. 4. Applicability 5. The Two Stream' concept generally will be applicable to the officers of the General Cadre. However, nonGeneral Cadre officers will also be considered for the 'Staff Only' Stream in the rank of Lt. General. 6-8 Inter se Seniority Y. Ujjicers selected for the ·command and Staff Stream, will be promoted first, be it on a Command or Staff appointment. Thereafter, officer of the same batch who are selected for the 'Staff Only' Stream will be promoted. Therefore, for the purpose of senioriiy, officers of the 'Staff Only' Stream will be junior to officers of the 'Commqnd and Staff Stream. After placing the officers of the 'Staff Only' Stream in suitable appointments,. review selectees of the 'Command and Staff Stream of the next batch will be promoted. H Again in adopting the methodology for implementation of the t i U.0.1. v. MAJ. KHURANA IYOGESHWAR DAYAL, J.l 357 Two Stream Concept' the following note dated 22nd September, 1986 A was put up by the Military Secretary to the Chief of the Army Staff. " l. This note pertains to the sequence of promotion in respect of officers who are approved for promotion under the Two Stream concept. B 2. The existing sequence of promotion is laid down vide our policy letter No. 38360/MS 5 B dt. 29 May '84. placed opposite. 3. With our command orientation, viable tenures in command assignment are mandatory to increase the fighting efficiency of the Army. 1t is, to this end that the Two Stream Concept has been adopted. 4. With the introduction of the two stream concept in the ranks of Maj. Generals and Lt. Generals, the sequence of promotion "into the streams needs to be formalised. In so doing, the main reasons for the introduction of the two stream concept, have to be the guiding principle. 5. The two stream concept was introduced to promote younger high calibre officers early, so that they get viable tenures in command. 1t is also well knwon that by and large an officer who is approved as a fresh case is of a higher calibre as compared to the ones approved for promotion as review cases. Thus it would be logical to promote the former category of officers approved in the 'Command and Staff stream, earlier than the latter category of officers approved in the 'Staff only' stream. 6. Two options are available for fixing the sequence of promotion under the 'Stream Concept'. These are given in subsequent paras with the help of the following illustrations- (a) Batches considered at the Screening Board. (i) Final Review 1956 (ii) First Review 1957 c D E F G H 358 A B c D E F G ··H SUPREME COURT REPORTS [1991] 3 S.C.R. (iii) Fresh Cases 1958. (b) Officers Approved for Promotio1;1 (i) Final Review 1956 (aa) Command and Staff Stream -One (ab) Staff only Stream -One (ii) First Review-1957 (aa) Command and Staff Stream -One (ab) Staff Only Stream -One (Iii) Fresh Cases-1958 (aa) Command and Staff -ten Stream (ab) Staff only stream - five 7. Whatever sequence is followed, the IC number seniority within that stream of that batch needs to be maintained. The sequence of promotion could follow the undermentioned options: ~ (a) Option A. To follow the existing sequence of promotion: "(i) Final review Command and Staff stream-1956 batch. (ii) Final review Staff only stream-1956 batch. (iii) First review Command and Staff stream-1957 batch. (iv) First review Staff only stream-1957 batch. (v) Fresh Command and Staff stream-1958 batch. , ; ·• 1 U.0.1. v. MAJ. KHURANA [YOGESHWAR DAYAL, J.] 359 (vi) Fresh Staffonly stream-1958 batch. (b) Option B. The sequence of promotion to be: (i) Final review Command and Staff stream-1956 batch. (ii) First review Command and Staff stream-1957 batch. (iii) Fresh Command and Staff stream-1958 batch. A B (iv) Fin<.l review Staff only stream-1956 batch. C (v) First review Staff only stream~ 1957 batch. (vi) Fresh Staff only stream-1958 batch. (The officers of 1959 batch, approved even in the ComD mand and Staff stream, will be promoted after absorbing the Fresh 'Staff Only' stream of 1958 batch.) 8. The advantages of Option A will be the disadvantages of Option B. The advantages and disadvantages of Option A are discussed below: E (a) Advantages. (i) Those approved for promotion as review cases, will still get th.eir promotion and also have a reasonably viable t'lnure. The chances of any F 'aoproved' officer retiring without getting his promotion, are remote. (ii) The existence of dissatisfied officers amnng those approved for promotion, is unlikely. (b) Disadvantages. (i) The basic principle behind the introduction of the two stream concept gets defeated. G (ii) Tenure of Command. Delay in the promoH A B c D E F G H 360 SUPREME COURT REPORTS [1991] 3 S.C.R. tion of fresh cases of the Command and Staff stream, will give them lesser tenure, possibly affecting their chances of further promotion, thus having an overall detrimental effect. (iii) The principle of promoting really high calibre and the best officers early, is violated. 9. Analysis. It would be noticed that the difference in the two options are minimal. In the case of Option A, the existing sequence of promotion has been maintained in that officers are being promoted as per their inter-se seniority, irrespective of the stream. In the case of Option B, whereas the existing sequence of promotion is still being maintained, but promotion is heing affected in accordance with the stream in which an officer is being promoted. 10. Since officers of the 'Command and Staff' are of higher calibre, promoting them over the 'Staff Only' stream is logical and has been accepted in principle. Hence adoption of Option B, is recommended. 11. For approval please. Once approved, Ministry of Defence will be informed accordingly. COAS through VCOAS Sd/- (A.K. Chatterjee) Lt. Gen! Sena Sachiv/ Military Secretary 22 Sep. 86 The above note of the Military Secretary was considered by the Vice Chief of Army Staff and vide riote dated 24th September, 1986 in which he has observed as under: "1. As I see it, in the ultimate, promotions in 'Command Ir r. -~ .... ' t .. • U.0.l. v. MAJ. KHURANA [YOGESHWAR DAYAL, J.[ 361 and Staff' stream and 'Staff stream should be independent of each other based on identified slots in each stream. The differential in terms of time between the two may be as much as two to three years, the exact period varying from time to time. It is only then that we would be able to have viable tenures for 'Command and Staff' Stream officers, both in the rank of Maj. Gen. and Lt. Gen. Thus, our aim should be to promote a 'Command and Staff' stream officer to Maj. Gen. at the age of 48 years or so and to Lt. Gen. at the age of 52 to 53 years. On the other hand, it would be acceptable if a staff stream officer is promoted to Maj. Gen. at the age of 51 years or so and to Lt. Gen. at the age cl~m55~~. - 2. In the light of the above, the proposal putforward by the MS cannot be a long ten:n proposal. However, we have perhaps no option but to 'aclopt this for the short term, as the ages at which the officers are currently being approved A B. c for higher promotions are comparatively higher, and there D would be imbalances if we increasF the differential suddenly. MS proposal must, therefore, be seen as a valid one ? for the transitionary phase only. To that extent, I am in agreement with his recommendation. Sd/- 24 Sep. 86 E COAS The note of the-Military Secretary alongwith the note of the Vice Chiefof Army Staff was put up before the Chiefof Army Staff, whD, on 8th October, 1986 approved the note of the Vice Chief of Army Staff. F The file was again put up to JDMS through the Military Secretary and the matter was discussed. Paragraph 7(a) of the note of the Military Secretary dated 22nd September, 1986 mentions Option 'A' which was the existing sequence of promotion prior to September, 1986 and recommended in subG p~ragraph (b) of paragraph 7 the sequence of promotion which was to be followed. In paragraph 8 the Military Secretary discussed the advantages and disadvantages of Option 'A' and Option 'B'. In paragraph 10 he recommended adoption of Option 'B '. He also mentioned in his note that if the note is approved, the Ministry of Defence will be informed accordingly. H 362 &UPREME COURT REPORTS (1991] 3 S.C.R. A It is clear that the Vice Chief of Army Staff adopted the proposal B c D E F G H as recommended in the note of Military Secretary in paragraph IO which was again agreed to by the Chief of Army Staff. The matter was again sent to the Military Secretary who discussed it with the officers of Ministry of Defence. It is clear from Option 'B ', which was adopted for working out the 'Two Stream Concept', that the seniority will first be given to the 'Command and Staff' Stream selected from any of the earlier batches and after the 'Command and Staff' stream has been accorded the seniority, the three streams of 'Staff Only', mention at SI. Nos. (iv), (v) and (vi) will be given seniority. It is also clear that the final review, the first review or fresh stream of 'Staff Only' rank below the similar three streams of 'Command and Staff' trained. The substance of this note is again conveyed by the Military Secretary in its communication dated 1st June, 1987 by way of further amplifying the methodology for implementation of the 'Two Stream Concept'. The letter reads: "COMMAND AND STAFF STREAM l. Further to this Headquarters letter No. 00476/MS 9B dated 09 Sep 86. 2. Certain doubts have been expressed by officers regarding the 'Two Stream Concept". This letter seeks to clarify the important issues with particular reference to: (a) Necessity of the Stream Concept. (b) Ages of superannuation. ( c) lnter-se seniority. Necessity 3. The upgradations which were sanctioned in ttr.rSecond Cadre Review, were mainly on the Staff and ERE. This resulted in an imbalance in the Command and Staff ratio. Tenures in senior ranks in Command consequently became truncated which in a Command oriented Army like ours, is not acceptable. Hence the 'Two Stream' Concept was intro- .. ,/ U.0.I. v. MAJ. KHURANA [YOGESHWAR DAYAL, J.] 363 duced with the due approval of the Government. A Ages of Superannuation """ 4. As per the current rules officers of the 'Staff Only' Stream are to superannuate one year earlier "than the officers of the 'Command and Staff' Stream. This rule is applicB able both to the General Cadre and officers from other Arms and Services. However, in the case of officers of other Arms and Services certain other clarifications given in the succeeding paras will also be applicable. 5. Maj. Gens. In the case of Maj Gens from other Arms c and services, the screening is done primarily to permit the officers to be promoted to un-specified appointments outside their Corps on first promotion and if required ahead of officers not so selected. The ages of superannuation in their respect will remain unchanged and they shall superannuate at an age corresponding to the officers of tbe Command and D Staff in the rank of Maj Gen. "~ 6. Lt. Gens. Each other Arm/Service is authorised two appointments specific to the Corps in the rank of Lt. Gen. Notwithstanding the proposal to downgrade the schools of Instruction, a second appointment in the rank of Lt. Gen. E will invariably be made available to them to ensure that their promotional prospects do not lag behind. Officers holding ~ these two assured appointments will superannuate at 58 ~ years. Other officers from a particular Arm/Service in the 'Staff Only Stream' over and above the two assured appointments will superannuate at 57 years as is applicable F to officers of the General Cadre. However, if an appointment within the Corps falls vacant, such officer will be screened to assess his fitness for holding the specific vacancy within the Corps. If selected to hold the authorised vacancy, he will superannuate at an age corresponding to the age of Command and Staff Stream, i.e. 58 yer.rs. If in G J case, no vacancy is available, the officers of this Stream continue to superannuate at 57 years as mentioned earlier. Inter-se seniority 7. The 'Two Stream Concept' envisages that officers of the H 364 A B c D E F G SUPREME COURT REPORTS [1991] 3 S.C.R. General Cadre of a particular batch seniority approved in the 'Command and Staff' Stream will be en-block senior to those officers of the same batch approved on the 'Staff Only' Stream. 8. Jn so far as non-General Cadre officers are concerned, the order of passing out is the determining factor to decide the inter-se seniority amongst them subject to readjustment based on the sequence of selection. 9. Doubts have also been raised regarding the inter-se seniority between the officers of other Arms and Services approved on the 'Staff Only' Stream vis-a-vis officers of the General Cadre approved in the 'Command and Staff' Stream as well as 'Staff Only' Stream. It is clarified, that as regards the seniority within the same batch is concerned, officers approved on the 'Command and Staff' Stream continue to be senior to officers approved in the 'Staff Only' Stream. However, an officer of an earlier batch approved on the 'Staff Only' Stream will be senior to an officer of subsequent batch approved on the 'Command and Staff' Stream. 10. It will, therefore, be noticed from the above that while promoting officers in either the 'Command and Staff' Stream or 'Staff Only' Stream, concept of batch seniority as hithertofore applicable has in all cases been maintained. 11. It is reiterated that the 'Stream Concept' has been introduced to ensure that the best available talent and expertise available in the service is utilised. 12. Content of this letter be widely disseminated. sd/- (Vijay Kumar) Lt. Gen .. Sena Sachiv/ -(. Military Secretary" Before adverting to the submissions of the parties we may also refer to another letter dated 29th May, 1984 filed as Annexure P-2 to H the writ petition in the High Court (page 306 of the paper book filed on ':I U.0.I. v. MAJ. KHURANA (YOGESHWAR DAYAL. J.] 365 behalf of the respondents alongwith the counter-affidavit). The letter dated 29th May, 1984 reads as under:- , ~·- "SEQUENCE OF SELECTION FOR SELECTIVE RANKS I. Reference MS Branch Liaison Letter No. 1/80 forwarded vide this Headquarters Letter No. 00170/MS9A dated 02 Aug 80. 2. Paras 26 and 27 of the above quoted Liaison Letter deal with the revised sequence of selection for promotion to the rank of A/Lt. Col. However, the example given in Para 26 has raised certain doubts in the minds of ihe officers. According to this example, the revised sequence of selection was to be in the following order:- (a) Final Review - (Say) 1960 Batch (bJ First Review 1961 Batch (c) Fresh Selectees 1962 Batch A B c D 3. Prior to Feb., 1980 two different sequences of selection were being followed for promotion to the rank of A/Lt Col E and A/Col, illustrated by the following examples: (a) for promoti.>n to the rank of A/ Lt Col (i) Fresh Sekctees (Say) 1959 Batch F (ii) Final Revi 'w 1957 Batch (iii) First Revie·v 1958 Batch (b) for promotion to the rank of A/Col and above A B c D E F G H 366 SUPREME COURT REPORTS [ 1991] 3 S.C.R. 4. Jn Feb 1980, it was decided to bring the sequence of selection in the rank of Al Lt Col in line with the sequence being followed for promotion to the ranks of A/Col and above. The changed sequence of selection which is being presently followed is illustrated by the following examples: (a) Final Review 1961 Batch (b) First Review 1962 Batch (c) . Fresh selectees 1963 Batch 5. This new sequence was to be applied commencing with the fresh sel