Two brigadiers have been promoted to the next rank of Major General four years after they superannuated from service and following a legal battle that went up to the Supreme Court, which ruled in the favour of the two officers.
The two Brigadiers are Nalin Bhatia and VN Chaturvedi. While Bhatia was from the Corps of Intelligence, Chaturvedi was from the Education Corps. Incidentally, they were the only two officers to be considered for promotion from their batches to the next rank in 2015. However, they were overlooked.
The two officers pleaded that they were not promoted even though their professional record was without any blemish and excellent profile. The track record was above-average to outstanding and no adverse remarks, their counsel Colonel Indra Sen Singh (Retired) said.
The reason for not selecting them was not cited despite a Right to Information(RTI)application, he said. The two officers received good reports from their reporting officers and were recommended for elevation to the rank of Major General but it did not take place, the counsel said.
He claimed the two officers were denied promotion as they were perceived to be close to the previous Army chief by the then Army chief.
Unable to get promotion, Bhatia and Chaturvedi appealed in the Armed Forces Tribunal(AFT) but their pleas were rejected. The two officers then knocked the doors of the apex court.
Their counsel said the Supreme Court allowed both the appeals by observing that the non-selection of the two officers was contrary to Army’s own policy and there is no presumption that a decision taken by persons occupying high posts is valid.
Moreover, the two officers had to submit a contempt petition in the apex court to get its order implemented. Following this, a notice was issued and the Military Secretary branch of the Army cleared the promotion order of both officers.