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By Our Legal Correspondent
NEW DELHI, DEC. 7. The Supreme Court will hear on December 13 a special leave petition filed by the Union Government challenging a Delhi High Court judgment quashing the promotions of four Air Marshals and ordering setting up of a fresh Promotion Board to reconsider the cases of Air Vice-Marshals. The High Court had given the verdict on November 8 while deciding two petitions filed by AVMs T.S. Chhatwal and Harish Masand, who had alleged that they were denied promotions to the rank of Air Marshal by the February 2003 Special Promotion Board (SPB) which promoted A.D. Joshi, J.S. Gujral, F.H. Major and A.K. Singh to the rank. It had directed that the fresh SPB re-assess the comparative merit of Masand, Chhatwal and other candidates as per the 2004 promotion policy which gave only five per cent weightage to Board marks. A Bench comprising Justice Y.K. Sabharwal, Justice D.M. Dharmadhikari and Justice Tarun Chatterjee fixed the date after the matter was mentioned by the Solicitor General, G.E. Vahanvati. The SLP filed by the Defence Ministry said the High Court erred by quashing the Selection Boards as they not only looked into the merit and seniority but also into the personal records of these senior officers. It said that there was no arbitrariness on the part of the Government in not promoting Chhatwal and Masand to the rank of Air Marshals.
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