New Delhi: The Armed Forces Tribunal
today dismissed the plea of a Major General seeking promotion
to the rank of Lieutenant General three years after
In his petition, Maj Gen (retd) V K Jain had contended
that he was cleared for promotion to the rank of Lt Gen by a
Special Selection Board in 2007 but despite that he had to
retire due to the lack of vacancies in that rank at that time.
Jain was empanelled for promotion on August 30 along
with four other Maj Gens in the staff stream from the 1969
While other officers got promotions, Jain retired the
next day itself since he had already turned 58 and there was
no other Lt-Gen vacancy in the "staff stream" at that moment.
The superannuation age for a Maj-Gen is 58, while it
is 60 for a Lt-Gen.
In his plea, the retired officer had sought "notional
promotion" to the rank of Lt Gen and to be given all the
consequential benefits attached with the three-star rank.
Finding "no merits" in his petition, the Tribunal
Bench headed by Justice S S Kulshreshtha and Lt Gen (retd) S S
Dhillon dismissed the petition.
During the hearing, the Army had argued that Maj Gen
Jain was only empanelled for promotion but his elevation to
the higher rank was not approved by the authorities concerned.
The officer had reportedly refused to vacate his
office for two days after retirement on August 31, 2007 as the
Additional Director General (Movements) in the Directorate
General of Operations and Logistics.