AFT orders Major General’s promotion twenty one years after his retirement

The Chandigarh Bench of the Armed Forces Tribunal (AFT) has directed the Central government to promote Major General MMR Narang to the rank of Lieutenant General, more than 20 years after his retirement. He will be entitled to all consequential benefits..The Bench of Justice MS Chauhan and Lieutenant General Munish Sibal held that Narang, who had been empanelled for promotion to the rank, had been wrongfully denied his due, in violation of Article 14 of the Constitution..Narang had approached the Punjab and Haryana High Court in 1997, arguing that the stalling of his promotion on grounds that not enough vacancies existed was a misrepresentation of fact..The matter was subsequently transferred to the AFT. At the Tribunal, Narang pointed out that there were three vacancies available for the Corps, including that of the Director General Border Roads (DGBR), and Director General National Cadet Corps (DGNCC)..He stated that the DGNCC’s position had been kept vacant for five months, after which an officer from a junior batch was appointed to the post, having been granted an extension of service for three months..Narang also pointed out that another officer who had been deemed fit for a staff appointment was instead appointed DGBR..The fact that Narang’s name had been confirmed subject to the availability of a vacancy in the Corps in the “staff stream” coupled with the fact that a course mate and a junior applicant were promoted through the staff stream, was also considered by the Bench..It was also taken on record that Narang had communicated with the Chief of Army Staff on the issue of the delay in the promotion and also raised the fact that the post of Commandant at the College of Military Engineering (CME) – which could be held only by an officer of the rank of Lieutenant General – was vacant..The Chief had promised that he would look into the matter, but nothing transpired thereafter..Further communications from Narang urging that he be given a three-month extension if his promotion was being held up on a technicality also fell on deaf ears..The Bench noted that the government had falsified affidavits filed before the High Court in terms of the number of existing vacancies, and held that this amounted to fraudulent behavior, resulting in denying a deserving officer his due..The AFT thus imposed costs amounting to Rs 25, 000 on the Centre..Read the order.Image for representational purposes only.