TMI Blog1980 (7) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... kes camaraderie a casualty in a profession where self-sacrifice for a higher cause is the dedication. Without moralising, we will state the grievance of the petitioner and examine whether our earlier order deserves reconsideration or reversal. Judges have a vested interest not in their judgments but in the justice of the cause and where the former is in error must unhesitatingly suffer surgery so that no curial wrong is done and right, to the best of our lights, is done. Two colonels in the army have one post of brigadier to which either may aspire and become Director of Military Farms. In this musical chair scenario the (review) petitioner apprehending that the Central Government was considering a' change of policy departing from the 1964 policy, in choosing the officer to become brigadier in charge of the military farms, moved the High Court for a writ to issue to Government against any such new policy. The High Court, before it finally disposed of the case, had directed the Defence Department to select the best colonel to be promoted as brigadier and Farm Director. The selection so made was to be without prejudice to the result of the writ petition but it is significant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, emphatically upheld the Central Government's plenary power to formulate or modify military policy. Wars are won or lost not through writs of courts but by the best strategy. But even amidst the clash of arms the laws shall not be silent, so much so, the constitutional mandate not to act arbitrarily was binding on the Defence Ministry. The selection on which the review petitioner stakes his claim is of 1971 vintage and the vacancy to be filled was of the year 1979. The respondent, therefore, contested the petitioner's 1971 credentials as obsolete and even obscurantist. We need not re-open that issue except to state that in the final order, passed after hearing both sides, the inviolability of the 1964 policy had been nailed. A closer reading of the 1964 policy statement reveals under it seniority for an earlier promotee is conferred in the substantive rank provided he has been earlier included in the approved list. Such a situation has not arisen here at all. Be that as it may, the final direction of the court appeal did permit the Central Government to evolve its policy within one month. This not having been done, the respondent drew the attention of the court to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of the order. That period has expired on 26th April 1980 Nevertheless, no policy decision has yet been taken nor even has an application been made for extension of time from this ? Court. We consider that this conduct is far from satisfactory. However, there are two courses open, out of which one must be adopted in the course of couple of days. The Respondent may appoint the petitioner, Director, Military Farm (Brigadier) until he retires, which event, we are told, happens within about four months. Alternatively, the Union of India in the Defence Ministry will take its policy decision within two days and report ', to this Court about it so that further directions may be issued on 9-5-1980 regarding further implementation of the policy consistent with the rights of the petitioner. Post on 9-5-1980. This order of 7th May, in sequence and consequence, flows out of the judgment of March 216, 1980 made after all parties were fully heard. Two notable circumstances in that order, as earlier highlighted, are these. Firstly, Government had freedom to formulate a new policy, but it had to be done within one month as accepted by the Attorney General. Secondly, Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich may ultimately be decided by the Government and subject further to the condition that if under the policy which may be evolved, the petitioner is not eligible for promotion to the rank of Brigadier, he would have no right to continue in the said rank. It is obvious from this affidavit that Government had decided on abandoning the 1964 policy and was actively pursuing steps to fashion a new policy. So no rights on the old basis, if any, (though we see none) can enure to the benefit of the petitioner especially because he relies on his 3rd rank in a selection for one vacancy made in 1971. That apart, a selection of 1979 turned out in favour of the respondent. And, to come to think of it all, the petitioner is postponed but by a few months and the respondent has been far senior as colonel and will retire in August, 1980. The conspectus of circumstances hardly persuades us that there is injustice in the order of May 7th or May 9th. We have sedulously followed the lucid submissions of Shri Kapil for review of the earlier direction and are clear in our conscience that neither law nor justice has suffered on account of the impugned orders. A review is not a routine procedu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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