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Indian Express exclusive: Govt takes back its order that rejected Army chief age claim

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Maneesh Chhibber

Posted: Feb 10, 2012 at 1109 hrs IST

New Delhi Army chief General V K Singh won another round against the government in the Supreme Court today after the central government withdrew its recent order by which it had rejected Singh's argument that he was born in 1951 and not a year earlier.

The Indian Express broke first that the government would comply with the Supreme Court's recent direction that it withdraw its December 30 order. Unhappy by the way the government had reached its conclusion on Singh's age, the court had also said it would quash the order if the government did not withdraw it.

The government, however, is not giving up the fight. It argued before court today that two of its earlier orders, in which too the government had dismissed General Singh's arguments, still stand. The December 30 order is the third time the government has rejected Singh's claim that he was born in 1951 and not 1950.

It is also learnt that General Singh's statutory complaint to the government -- in which he had pointed out his correct date of birth -- will be dismissed as non-maintainable.

The court had asked the central government last week to make clear its stand on the general's age by today. The apex court hearing is scheduled for later in the day.

A Bench headed by Justice R M Lodha heard on Friday Singh's petition seeking a direction to the government to declare his date of birth as May 10, 1951 instead of May 10, 1950.

The apex court on February 3 had given an option to the government to "withdraw" its December 30, 2011 order rejecting his statutory complaint, saying the whole process "appeared to be vitiated".

Giving the government a week's time, the court had said there were other remedies available for General Singh if the government withdrew its December 30 order.

The apex court refused to give credence to the third order as the government had consulted the Attorney General again on the matter. The court asked the government why go back to the same man who has already made it clear -- in the two earlier -- that the general's year of birth be held as 1950.

Attorney General Goolam E Vahanwati, however, told court on Friday that these two orders still stand.

General Singh had moved the apex court in January this year accusing the government of treating him in a manner reflecting "total lack of adherence to procedure and principles of natural justice" in deciding his age.

The Army chief took the unprecedented step of dragging the government to the apex court after the Defence Ministry had insisted upon treating May 10, 1950, as his official date of birth, necessitating his retirement on May 31 this year.

Challenging the government's decision to determine May 10, 1950, as his date of birth and not May 10, 1951, Gen Singh, in a 68-page petition, has maintained that his acceptance of 1950 as the year of his birth was given in good faith at the behest of the then chief of Army Staff and not due to agreement with the conclusion of the Military Secretary's Branch.

Gen Singh stated that the government's action and conduct in refusing to accept his contention on his birth date was affecting his image before the general public and the armed forces.

It was his right to have a "dignified life", he pleaded in the petition, adding that an army chief has "a right to retire with dignity".

Referring to the ministry's orders of December 30 and earlier rejecting his case, the Army Chief has said that these orders have "conveniently ignored" his matriculation certificate, entire service record including entry into service, promotions and annual confidential reports.

He has stated that being a highly decorated officer, he had received all his awards, decorations and promotions as per the date of birth being 10.5.1951.

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