Monday, July 11 2005 15:00 Hrs (IST) - World Time -

New Delhi: In an embarrassing order, the Supreme Court today (July 11, 2005) directed the Centre to give Harish Masand, who had successfully challenged the promotion policy of Indian Air Force (IAF), to the rank of Air Marshal from January 2, 2004 instead of February 1 last year as approved by Union Cabinet.

A Bench comprising Justice Y K Sabharwal and Justice G P Mathur took exception to the Air Force order giving promotion to Masand to Air Marshal rank from February 1 even though Air Vice-Marshal A K Singh was given promotion to the Air Marshal rank with effect from January 2, 2004.

Masand, through his counsel senior advocate Vivek Tanka, alleged that he was being victimised by being promoted later than his juniors and had also been denied staff quarters after joining as Scientific Advisor to Director General of Aeronauticals at Bangalore in the rank of Air Marshal.

After hearing Additional Solicitor General P P Malhotra with senior advocate Rajiv Dutta for the Air Force, the Bench ordered that Masand would stand promoted from January 2 and if necessary the Government would create the supernumerary post from that date.

The Bench reminded the Air Force that it had promised before the Court to take back Masand, who had retired as Air Vice-Marshal during the pendency of litigation, as Air Marshal with 'all facilities and honour' but said, "if what Masand alleges is true then what IAF had said before is nothing but a lip service".

However, the Bench clarified that it was not going into the issue of seniority among the officers promoted on the same date.